EQUALITY VS. EQUITY

“There’s a big difference between equality and equity,” said now Vice President Kamala Harris as she ran for the presidency of United States, many millions watched shared her video, which depicted one mountain climber who starts in deep hole another much higher up.1 On very day his inauguration, with at side, Joe Biden embraced word “equity” executive orders.2 He charged Susan Rice, director Domestic Policy Council, “with ensuring that new administration embeds issues racial equity into everything it does.”3 Federal agencies have been ordered to report on systemic barriers hampering access benefits, services, procurement opportunities.Immediately, critics responded objections. Some seeking install discriminatory practices, favoring some ethnic groups over others attempting inflame rather than heal division.4 Commentator Noah Rothman warned, “In practice, looks less like ‘equity’ more ‘retribution.’”5 Others attacked administration’s approach promoting “spoils” system, governmentally imposed constraints freedom, abandonment equality.6 In contrast, key advisor Rice declared, “Advancing is critical part healing restoring unity our nation.”7 Robert Kuttner, commentator left, however, warned change will come only massive restructuring power relations across labor, capital, government, well class-based coalitions against racism.8The political debate reflects, but also clouds, work underway educational employment settings. Over course last decade, initiatives organized U.S. schools, human resources departments colleges, corporations, philanthropies, nonprofit organizations. Often, “equality” appears inadequate alternative. For example, memorable cartoon circulating internet depicts two scenes three children looking fence ball game. The first scene labeled “Equality” shows each child standing box tall easily fence, middle-size able just see small unable all. second scene, “Equity,” look while ground, by box, child, stacked boxes, fence; all are essentially getting same view.9 images provide vivid contrasts. They invoked discussions urging equality. Individualized accommodations students disabilities represent version equity, already mandated implemented law under frameworks terms antidiscrimination, inclusion, or Whatever called, treating everyone same, regardless background factors, historical inequities, personal situation, inspired Anatole France’s observation, “The law, its majestic equality, forbids rich poor alike sleep bridges, beg streets, steal their bread.”10 Tailored treatment, identical could proceed based assessments an individual’s needs situation instead diagnosis conditions disadvantage exclusion.But contrast does not illuminate real differences potential visions society. become weapons polarized arguments analytic tools. volley words neglects obscures decades litigation, policy, academic both American comparative law. Constitution prohibits government denial “equal protection” laws; state federal statutes guard discrimination basis individual characteristics (e.g., race, gender, disability, age, sexual orientation identity). relevant authority use term “equity.” ongoing litigation challenges any attention race used admission processes selective colleges universities, defense must reference Fourteenth Amendment’s guarantee equal protection statutory protections exclusion race.11 Dumping strategy support affirmative action, overcoming historic individuals’ group membership situation. Attacking jeopardizes public surrenders intellectual legal resources—including laws judicial decisions—otherwise available enforceable changes. Ceding those oppose redress disadvantages especially shortsighted nation where courts ruled “classification” individuals certain (including religion) requires most skeptical scrutiny. Further, tensions among current uses hamper articulation steps toward levels interpersonal, institutional, economic, action.This article seeks clarify meanings behind contemporary It supports conception, associated times policies responsive structural people’s circumstances. Lawyers, students, policy makers every constitutional language laws,” regulations forbidding protected traits, such gender. Although these sources do speak “equity,” dismissing them would be mistake. Not land: underlying conceptions “antidiscrimination” can crucial tools redeeming promise Declaration Independence Reconstruction Amendments—the person secure enjoys freedoms opportunities others, rejects status spelled birth, other happenstance. This worth fortifying, elaborating, improving, casting out conceding away resist continuing struggles this spirit.Testing classification trait—and questioning treatment differs from others—is simply understanding narrow that. As Professor Owen Fiss showed half century ago, signal comparisons direct entrenched patterns hierarchy subordination traits.12 Dr. Martin Luther King, Jr., Malcolm X, Eleanor Roosevelt, Ruth Bader Ginsburg pursued vision resulting expansive methods embracing recognition dignity individual.13Current emphasis implies shift earlier social justice movements epitomized Ginsburg. Mounting evidence eliminating explicit, lawful undo disadvantage. Moreover, implicit narrative zero-sum game helps perpetuate defenses arrangements.14 identities spells injustices even people descend enslaved States. These include recent immigrants identified Black, Latinx communities, Asians. Subjugation orientation, national origin, religion, markers has own history perpetuated suffering bears search what signaled call equity. Even before COVID-19 pandemic, disparities wealth income Americans grew rival Great Depression.15 gaps upper-income middle- lower-income households rising, share held middle-income falling,” reported Pew Research Center January 2020.16 Financial inequalities polarization began Gilded Age when excessive juxtaposed poverty so divided nation.17 Then came virus, jeopardizing health lives exposing exacerbating economic resources, vulnerabilities, healthcare.18 egregious violence policing, prosecutions, incarceration long experienced African became undeniable vicious police murder George Floyd.19In field education, dismantling student school assignments did end prior expectations. After rejected legally enforced segregation, conscious unconscious biases persisted worse. result nonwhite stuck schools marked concentrated poverty, fewer lower test scores predominantly composed white students.20 context schooling, reflects disappointments interpreted implemented.The turn marks different results. hope may opens possibilities probing deeper unresolved easy claims opportunity” protection.” Yet defining ways put operation gesture unclear alternatives.The definitions commonly show interchangeability sharp contrast. Indeed, they define another. Oxford English Dictionary gives “fairness, impartiality, equity” definition defines “the quality being fair.”21 Merriam-Webster “free bias favoritism” “justice according natural rights law.”22In usages, something focused results accommodation differences. often debates finance, means allocating dollar amounts districts, tax base rate generate revenues—as “adequacy,” meaning system definable level quality.23 “Equity” finance itself carry multiple contrasting meanings, including (1) meeting low-income wealthy ones (“vertical equity”); (2) efforts districts—taxing themselves rate, if taxable property value; (3) “equitable access” reasonably designed allow expected achievements.24 An point choice compare, expenditures per student, costs diverse local communities meet needs.Some organizations together “antidiscrimination,” “equality,” and, hence, seem view odds.25 Most embrace norm, disagree meaning. Disagreements erupt treatments status. Anne E. Casey Foundation, active issues, notes “[o]ften, race-focused conversations derail because using ways.”26A alone cannot herald transformation, lacks well-defined actually specific meanings: refers common stock corporation, ownership property, claim recognized Lawyers historians England know form remedy originally rooted powers British monarch recourse out; here, emerged, persists, distinctive individualized outside strict application usual rules advancing conscience responsiveness need.27 Originally established separate court—the King’s Court Chancery—equity norms principles merged standard within States; provides judicially flexible corrections otherwise rigid allows shaping remedies tailored particular instance. draws concepts ancient Greek Roman Christian ideas.28 From sources, involves adapting existing changing unique circumstances often, departure general, settled rules.29 unpredictable, subject views whims decision-makers.Outside contexts, protean. Conservative Shelby Steele explains attraction progressives new, emptier organize around, “equity was perfect meant absolutely nothing.”30 span several years, taken inconsistent meanings.31 More 150 years trained philosopher Jeremy Bentham “Taken itself, anywhere else company court, abracadabra.”32 Ambiguous malleable, might sharper focus antonyms: inequality inequity injustice unfairness denials opportunities, protections, rights, remedies.Education reformers forefront “equality.” One education advocacy explains, “Equality suggests providing experience. Equity working overcome legacy discrimination, marginalization, underinvestment people, defined race. students.”33 Rejecting instruction insufficient advocates stress calls associate “equality.”34Individualized needs, contrasts across-the-board treatment.35 A idea says, giving shoe, shoe fits.”36 afforded Individuals Disabilities Education Act.37 Students having disability obtain Individual Plan, content depending student. Other interpretations needs.38 Relatedly, moral tenor, DeRay Mckesson (an organizer Black Lives Matter) stresses, get thing things deserve.”39Besides highlighting importance tailoring emphasize self-determination shifts participation marginalized. Verna Myers, leader diversity, inclusion field, said: “Diversity invited dance. Inclusion asked Dance.”40 University Houston administrator Cynthia Olmedo adds, “Equity allowing you choose Music.”41 vein, professional development initiative Tuskegee Cooperative Extension program emphasizes root causes outcome disparities, distribution resources.42The Ford Foundation connects fairness opportunity. Hence, values statement “fair opportunity, information all.”43 philanthropy acknowledge definition.44 Diversity, experts corporate, nonprofit, settings mix notions commitment resource distribution. Thus, Code America’s states,Equity fair access, advancement time striving identify eliminate prevented full groups. order improve we increase procedures institutions systems, resources. Tackling society.45Equality inequality, privilege reflected private views. Overcoming changes allocation reformations avenues success well-being. Differences pay performed women men, reflect occupational segregation attitudes; hence “pay considering whether occupations dominated women, nursing home aide, really demanding worthwhile officer.46 Deep practices hold possibility starting fresh without impact longstanding exclusions degradations. Another peering conveys idea: suggest replacing wooden opaque transparent chain-link bolder proposes altogether.47 School counselor blogger Lisa Koenecke asks, “What removed together? Let’s consider taking promote equity.”48 powerful image. mean: no fee anyone ballgame? how sustainable? What mean college admissions decisions?Social facilitator Meg Bolger takes up questions focuses advantages related gender around candidates’ names. response, explains: “Equitable seek imbalances then create disparate outcomes wouldn’t exist.”49 Rather particularized conception deserves, systems produce approximating along dimensions—chiefly facilitators help companies, nonprofits adopt attitudes lines. Consultants “diversity, inclusion” movement contribute comparing aiming representation marginalized communities. materials produced “DEI” programs, treated “sameness,” “fairness.” expert summarized that: involve members minority proportion population; subjective; require differently; “work” “starting points.”For some, follow proportions objective measurable; same; begin points.” 50 argue approaches needed achieve equality.”51 past present equality.52 Scholars Fiss, Reva Siegel, Cass Sunstein framed tool caste.53 commitments disadvantage, right word, yet conceive precisely terms. If pressed truly chances demands responses points, disadvantages, affecting groups.54Focus claimed strong example 1984 Canadian Equality Employment Commission. Its report, written Rosie Abella, later Supreme Court, explained:The goal evolutionary intolerance adverse discrimination. ensure, too, vestiges arbitrarily restrictive assumptions continue play role … question motivated intentional desire obstruct someone’s potential, accidental by-product innocently systems. barrier disproportionately negative way, lead discriminatory.55If carries meaning, why “equity”? Perhaps preference due attractions branding campaign. That naming usually narrowing cookie-cutter identically. analysis sponsored Library Association (ALA) underlies uniform informs action likely think unfair.56 concludes that, pursue all, libraries need ensure there assistance face lack, proficiency.57 With apparent explicitly universal opportunity investments reaching ALA assumption strategies commitments.Perhaps signals major scale imagined needed, though through Philosopher Brian Barry notably argued true structures, investment, reallocation resources—both wealth—through taxes transfers bring about sustain similar all.58 Barry’s view, governments should take assure provision housing, sufficient grasp society.59These controversial.60 can, nonetheless, made Treating equality; Barry, likelihood outcomes. “leveling playing field” persistent checking works.61 underscoring resonance data communication argues “not equal”—and doing, resorts make argument.62The known.63 People situated differently society history. attended equally serve equally. “equality versus results.” John Rawls influentially agree “regard talents asset benefit whatever turns be.”64 His generated incentives, desert, distribution, “liberal egalitarianism” crystallized Rawls’s cabined options failed anticipate developments mass post-industrial capitalism.65 invocation distinction points further contrasts.66 section maps develops strengths weaknesses purposes political, legal, efforts.This chart effort distinguish emerging parlance:EqualityTreat classificationsFocus going forwardEnsure fairness, neutrality, impartialityEvenhanded provision, leveling downEquityTreat backgrounds OR address groupsFocus uneven fields disadvantagesReallocate groupsSubstantive (minimal?) guarantees Reduce range variance top bottomAlthough, detailed earlier, exist numerous possible treats paying directing remedial efforts. sort exposes choices least “equity”: design group-based reforms. Whether called else, uniformity circumstances, disappointing perverse. basic insight old Aristotle’s notion likes alike—and correlatively, un-likes unalike. building fails open entered stairway users rely wheelchairs.67 Teaching read it.68 Taxing amount marginal brackets.Even “sameness” factor problematic. what?” inevitable question. men reference, “different” entitled treatment; able-bodied assumed point, persons required “same” treatment. familiar problems simple failure expose unjustified reference. Such “default” lack rationales entrench privileges advantages. obscure way traits deemed rest faulty stereotypes.One revered touchstone Golden Rule. Across cultures times, directive “do unto you” answers yourself” comes treated. guidepost instruct decision-makers resistance temptations diminish person. Putting side difficulty imagination creating them, Rule receives criticisms failing wants desires yours. Bernard Shaw it, “Yet you. Their tastes same.”69 objection decision-maker works learn neighbor’s preferences craft accordingly. To treat want understood applying golden rule