X Chambers is a highly prestigious set of barristers, and applications for pupillage run at over 100 per place.
Since the death of George Floyd, X operates a Diversity and Inclusion policy which extends to recruitment. Since that policy was implemented, it is claimed that applications have been effectively anonymised regarding race and sex. Since the implementation of that policy, X has awarded eight pupillage places, all to white women.
Y, an individual who is not a white woman and whose application has been rejected by X Chambers, has made an allegation of race and sex discrimination. They argue that a truly diverse result would have been:
Two white women
Two BAME women
Two white men
Two BAME men.
They argue that this would represent “perfect diversity” with regards to race and sex. While they accept that perfection is an impractical expectation, they argue that the actual outcome is the polar opposite of diversity. X denies the allegation.
- Calculate the Simpson and Shannon diversity index measures for both the actual outcome and Y’s cited “perfect” result (2 marks each)
- Comment on the results with regard to Y’s allegation (4 marks)
- An actuarial student comments that a better test would be correlation with the population from which applicants are selected. They argue that this is 50.5% women, and 13% BAME as per the UK population.
Given that basis for the selection population, and assuming that merit, race and sex are evenly distributed in the population, calculate the likelihood of an “eight white women” result. (4 marks)
- On further investigation, it is decided that a more appropriate population would be graduates receiving firsts and upper second degrees. This population is assessed to be 58% female and 24% BAME. How would the result in 3) change? (2 marks)
- A recent leading case relied on an expert report that used a test of unlikeliness of 0.1%, or 1 in 1,000. It was found that such a result was so unlikely that the opposite can be accepted as the truth. Outline how the results in 3) and 4) would appear in respect of this, and the arguments that Y and X might make to support their positions. (7 marks)
(25 Marks in total)