Blame Games in Reflexive Discrimination Law

This paper examines the upcoming commencement of the 'socio-economic duty' in Section 1 of the Equality Act 2010 in England. The duty, which requires certain public bodies to have 'due regard' to reducing inequalities from socio-economic disadvantage when making strategic decisions, is part of a longer-standing 'reflexive turn' in discrimination law. Drawing on qualitative data from 267 civil servants and a survey experiment with a further 432, this paper explores what English civil servants think about reflexive discrimination law. The paper argues that engagement with the 'blame avoidance' literature can help to understand their attitudes. Drawing blame avoidance research, the paper argues that without adequate resources and enforcement, the socio-economic duty will be less likely to reduce socio-economic inequality and more likely to trigger blame games between central government and the public authorities subject to the duty.