NZ Herald
  • Home
  • Latest news
  • Herald NOW
  • Video
  • New Zealand
  • Sport
  • World
  • Business
  • Entertainment
  • Podcasts
  • Quizzes
  • Opinion
  • Lifestyle
  • Travel
  • Viva
  • Weather

Subscriptions

  • Herald Premium
  • Viva Premium
  • The Listener
  • BusinessDesk

Sections

  • Latest news
  • New Zealand
    • All New Zealand
    • Crime
    • Politics
    • Education
    • Open Justice
    • Scam Update
  • Herald NOW
  • On The Up
  • World
    • All World
    • Australia
    • Asia
    • UK
    • United States
    • Middle East
    • Europe
    • Pacific
  • Business
    • All Business
    • MarketsSharesCurrencyCommoditiesStock TakesCrypto
    • Markets with Madison
    • Media Insider
    • Business analysis
    • Personal financeKiwiSaverInterest ratesTaxInvestment
    • EconomyInflationGDPOfficial cash rateEmployment
    • Small business
    • Business reportsMood of the BoardroomProject AucklandSustainable business and financeCapital markets reportAgribusiness reportInfrastructure reportDynamic business
    • Deloitte Top 200 Awards
    • CompaniesAged CareAgribusinessAirlinesBanking and financeConstructionEnergyFreight and logisticsHealthcareManufacturingMedia and MarketingRetailTelecommunicationsTourism
  • Opinion
    • All Opinion
    • Analysis
    • Editorials
    • Business analysis
    • Premium opinion
    • Letters to the editor
  • Politics
  • Sport
    • All Sport
    • OlympicsParalympics
    • RugbySuper RugbyNPCAll BlacksBlack FernsRugby sevensSchool rugby
    • CricketBlack CapsWhite Ferns
    • Racing
    • NetballSilver Ferns
    • LeagueWarriorsNRL
    • FootballWellington PhoenixAuckland FCAll WhitesFootball FernsEnglish Premier League
    • GolfNZ Open
    • MotorsportFormula 1
    • Boxing
    • UFC
    • BasketballNBABreakersTall BlacksTall Ferns
    • Tennis
    • Cycling
    • Athletics
    • SailingAmerica's CupSailGP
    • Rowing
  • Lifestyle
    • All Lifestyle
    • Viva - Food, fashion & beauty
    • Society Insider
    • Royals
    • Sex & relationships
    • Food & drinkRecipesRecipe collectionsRestaurant reviewsRestaurant bookings
    • Health & wellbeing
    • Fashion & beauty
    • Pets & animals
    • The Selection - Shop the trendsShop fashionShop beautyShop entertainmentShop giftsShop home & living
    • Milford's Investing Place
  • Entertainment
    • All Entertainment
    • TV
    • MoviesMovie reviews
    • MusicMusic reviews
    • BooksBook reviews
    • Culture
    • ReviewsBook reviewsMovie reviewsMusic reviewsRestaurant reviews
  • Travel
    • All Travel
    • News
    • New ZealandNorthlandAucklandWellingtonCanterburyOtago / QueenstownNelson-TasmanBest NZ beaches
    • International travelAustraliaPacific IslandsEuropeUKUSAAfricaAsia
    • Rail holidays
    • Cruise holidays
    • Ski holidays
    • Luxury travel
    • Adventure travel
  • Kāhu Māori news
  • Environment
    • All Environment
    • Our Green Future
  • Talanoa Pacific news
  • Property
    • All Property
    • Property Insider
    • Interest rates tracker
    • Residential property listings
    • Commercial property listings
  • Health
  • Technology
    • All Technology
    • AI
    • Social media
  • Rural
    • All Rural
    • Dairy farming
    • Sheep & beef farming
    • Horticulture
    • Animal health
    • Rural business
    • Rural life
    • Rural technology
    • Opinion
    • Audio & podcasts
  • Weather forecasts
    • All Weather forecasts
    • Kaitaia
    • Whangārei
    • Dargaville
    • Auckland
    • Thames
    • Tauranga
    • Hamilton
    • Whakatāne
    • Rotorua
    • Tokoroa
    • Te Kuiti
    • Taumaranui
    • Taupō
    • Gisborne
    • New Plymouth
    • Napier
    • Hastings
    • Dannevirke
    • Whanganui
    • Palmerston North
    • Levin
    • Paraparaumu
    • Masterton
    • Wellington
    • Motueka
    • Nelson
    • Blenheim
    • Westport
    • Reefton
    • Kaikōura
    • Greymouth
    • Hokitika
    • Christchurch
    • Ashburton
    • Timaru
    • Wānaka
    • Oamaru
    • Queenstown
    • Dunedin
    • Gore
    • Invercargill
  • Meet the journalists
  • Promotions & competitions
  • OneRoof property listings
  • Driven car news

Puzzles & Quizzes

  • Puzzles
    • All Puzzles
    • Sudoku
    • Code Cracker
    • Crosswords
    • Cryptic crossword
    • Wordsearch
  • Quizzes
    • All Quizzes
    • Morning quiz
    • Afternoon quiz
    • Sports quiz

Regions

  • Northland
    • All Northland
    • Far North
    • Kaitaia
    • Kerikeri
    • Kaikohe
    • Bay of Islands
    • Whangarei
    • Dargaville
    • Kaipara
    • Mangawhai
  • Auckland
  • Waikato
    • All Waikato
    • Hamilton
    • Coromandel & Hauraki
    • Matamata & Piako
    • Cambridge
    • Te Awamutu
    • Tokoroa & South Waikato
    • Taupō & Tūrangi
  • Bay of Plenty
    • All Bay of Plenty
    • Katikati
    • Tauranga
    • Mount Maunganui
    • Pāpāmoa
    • Te Puke
    • Whakatāne
  • Rotorua
  • Hawke's Bay
    • All Hawke's Bay
    • Napier
    • Hastings
    • Havelock North
    • Central Hawke's Bay
    • Wairoa
  • Taranaki
    • All Taranaki
    • Stratford
    • New Plymouth
    • Hāwera
  • Manawatū - Whanganui
    • All Manawatū - Whanganui
    • Whanganui
    • Palmerston North
    • Manawatū
    • Tararua
    • Horowhenua
  • Wellington
    • All Wellington
    • Kapiti
    • Wairarapa
    • Upper Hutt
    • Lower Hutt
  • Nelson & Tasman
    • All Nelson & Tasman
    • Motueka
    • Nelson
    • Tasman
  • Marlborough
  • West Coast
  • Canterbury
    • All Canterbury
    • Kaikōura
    • Christchurch
    • Ashburton
    • Timaru
  • Otago
    • All Otago
    • Oamaru
    • Dunedin
    • Balclutha
    • Alexandra
    • Queenstown
    • Wanaka
  • Southland
    • All Southland
    • Invercargill
    • Gore
    • Stewart Island
  • Gisborne

Media

  • Video
    • All Video
    • NZ news video
    • Herald NOW
    • Business news video
    • Politics news video
    • Sport video
    • World news video
    • Lifestyle video
    • Entertainment video
    • Travel video
    • Markets with Madison
    • Kea Kids news
  • Podcasts
    • All Podcasts
    • The Front Page
    • On the Tiles
    • Ask me Anything
    • The Little Things
  • Cartoons
  • Photo galleries
  • Today's Paper - E-editions
  • Photo sales
  • Classifieds

NZME Network

  • Advertise with NZME
  • OneRoof
  • Driven Car Guide
  • BusinessDesk
  • Newstalk ZB
  • Sunlive
  • ZM
  • The Hits
  • Coast
  • Radio Hauraki
  • The Alternative Commentary Collective
  • Gold
  • Flava
  • iHeart Radio
  • Hokonui
  • Radio Wanaka
  • iHeartCountry New Zealand
  • Restaurant Hub
  • NZME Events

SubscribeSign In
Advertisement
Advertise with NZME.
Home / Business / Economy / Employment

Mai Chen: Quotas don't always work

By Mai Chen
Other·
6 Jun, 2012 05:30 PM5 mins to read

Subscribe to listen

Access to Herald Premium articles require a Premium subscription. Subscribe now to listen.
Already a subscriber?  Sign in here

Listening to articles is free for open-access content—explore other articles or learn more about text-to-speech.
‌
Save

    Share this article

More laws to promote women are pointless as diversity is what counts for success. Photo / Thinkstock

More laws to promote women are pointless as diversity is what counts for success. Photo / Thinkstock

Opinion

When I went to Harvard Law School 25 years ago, I studied discrimination and affirmative action with a black law professor whose research showed that legislated quotas often become a ceiling as well as a floor beneath a certain number of "diverse" workers. Employers forced to take certain women and black employees say: "Even if the next woman or coloured is a rocket scientist, I won't take them because I don't have to."

Also, legislated quotas can cast a cloud of suspected incompetency over every member of the groups that are the subject of affirmative action. A professor remarked to me when I got into Harvard, "I hear they were looking for women', to which I responded, "No, I topped the law class."

Legislated quotas can help achieve critical mass, and critical mass is important for sustainable participation by diverse groups. It means individuals are not alone. They can be supported to be different.

But that needs to be weighed against the downsides of quotas.

At the end of the day, while laws such as the Human Rights Act and the NZ Bill of Rights Act can prevent discrimination, they cannot force you to like certain groups of people.

Advertisement
Advertise with NZME.
Advertisement
Advertise with NZME.

The Equal Opportunities Commissioner, Judy McGregor, went undercover as a rest home worker to experience first hand what it is like to care for the elderly in NZ.

I too have been undercover experiencing what it's like to be a member of a "diverse" group, but this assignment has been handed to me by dint of birth. It has affected my thinking.

It has made me look at CVs differently. I tend to think successful candidates who have "diverse" characteristics are likely to be better because they would have had to be better to achieve what they did. I think diversity can bring the winning margin.

In a competitive world, victory results from doing things differently rather than doing things the same as everyone else resulting in an undifferentiated result.

Fresh thinking often comes from people who are different. I also think being underestimated often provides the motivation to be the best. And all employers know that the winning combination for employees is talent, hard work and motivation to win.

Discover more

Opinion

Keeping Mum: Arguing that class size won't affect teaching quality is 'utter rot'

05 Jun 09:30 PM
Opinion

Rebecca Kamm: Fiction for men set to rival chick-lit

06 Jun 12:24 AM
Opinion

Bryce Edwards: Political round-up: June 6

06 Jun 03:23 AM
Employment

Women missing from list of top earning CEOs

08 Jun 04:00 AM

I think the breakthrough for women and minorities will come when people study the research and find that diversity pays dividends. Indirect discrimination and culture is intangible, but money is not.

For example, a Goldman Sachs August 2011 report showed that closing the gap in male and female employment rates in New Zealand would boost the level of GDP by 10 per cent and University of Waikato research based on 10 years of data from NZX companies also found that increasing the number of female board members improved financial performance.

Advertisement
Advertise with NZME.

Some may argue that the causal relationship goes the other way: that is, that successful, growing companies naturally gravitate towards diversity in their senior leadership teams.

The corollary being that a moribund business is not going to be fixed merely by an injection of female leadership.

Whatever the case, the point remains the same: allowing a monoculture to dominate your senior management is bad for business.

In recent times we have seen a number of new initiatives to get more women into senior management and/or onto boards, whether it's the FINSIA report into the "Significance of the Gender Divide in Financial Services" (resulting in the creation of the Women in Financial Services Forum) or the Institute of Directors mentoring scheme where, generally, experienced male directors champion and mentor less experienced and well-known women wannabe directors onto NZX-listed boards, or the UN Women Empowerment Principles launched by the Governor-General and his wife to establish high-level corporate leadership for gender equality.

These initiatives have often been accompanied by studies restating the problem that women are not making it through the pipeline, and that it is not just a matter of time.

More interesting, however, are the studies showing that greater female participation at senior management and board level helps the boat go faster and grows the bottom line of companies.

Advertisement
Advertise with NZME.

Many of these recent initiatives have nothing to do with the Government and are not compelled by statute. I find that interesting because it shows again the limits of the law in changing culture, because we have had plenty of anti-discrimination laws.

But overt discrimination is generally not the problem, and indirect discrimination is very hard to prove and to prosecute.

That said, such laws have made some difference to what is now acceptable in our culture. Remember the outcry last June when Alasdair Thompson said that women's work performance was adversely affected by having periods and babies.

The expectation is that we look at the CV to determine qualification for the role, not gender. But if more needs to be done, I do not think that is necessarily through more laws.

Save

    Share this article

Latest from Employment

Premium
Property

'Pallet hotel' - Foodstuffs South Island boosting frozen storage by more than 200%

22 Jun 09:00 PM
Premium
Opinion

Liam Dann: The upside to this painfully slow economic recovery

22 Jun 07:00 AM
Business|economy

Thinking of retiring? Nearly one in two Kiwis still working when they turn 65

10 Jun 07:00 AM

Kaibosh gets a clean-energy boost in the fight against food waste

sponsored
Advertisement
Advertise with NZME.

Latest from Employment

Premium
'Pallet hotel' - Foodstuffs South Island boosting frozen storage by more than 200%

'Pallet hotel' - Foodstuffs South Island boosting frozen storage by more than 200%

22 Jun 09:00 PM

Supermarket owner to expand frozen capacity by 222%, strike third-party warehouse deals.

Premium
Liam Dann: The upside to this painfully slow economic recovery

Liam Dann: The upside to this painfully slow economic recovery

22 Jun 07:00 AM
Thinking of retiring? Nearly one in two Kiwis still working when they turn 65

Thinking of retiring? Nearly one in two Kiwis still working when they turn 65

10 Jun 07:00 AM
Premium
Liam Dann: Cheer up, Kiwis - and go shopping

Liam Dann: Cheer up, Kiwis - and go shopping

07 Jun 05:00 PM
Engage and explore one of the most remote places on Earth in comfort and style
sponsored

Engage and explore one of the most remote places on Earth in comfort and style

NZ Herald
  • About NZ Herald
  • Meet the journalists
  • Newsletters
  • Classifieds
  • Help & support
  • Contact us
  • House rules
  • Privacy Policy
  • Terms of use
  • Competition terms & conditions
  • Our use of AI
Subscriber Services
  • NZ Herald e-editions
  • Daily puzzles & quizzes
  • Manage your digital subscription
  • Manage your print subscription
  • Subscribe to the NZ Herald newspaper
  • Subscribe to Herald Premium
  • Gift a subscription
  • Subscriber FAQs
  • Subscription terms & conditions
  • Promotions and subscriber benefits
NZME Network
  • The New Zealand Herald
  • The Northland Age
  • The Northern Advocate
  • Waikato Herald
  • Bay of Plenty Times
  • Rotorua Daily Post
  • Hawke's Bay Today
  • Whanganui Chronicle
  • Viva
  • NZ Listener
  • Newstalk ZB
  • BusinessDesk
  • OneRoof
  • Driven Car Guide
  • iHeart Radio
  • Restaurant Hub
NZME
  • About NZME
  • NZME careers
  • Advertise with NZME
  • Digital self-service advertising
  • Book your classified ad
  • Photo sales
  • NZME Events
  • © Copyright 2025 NZME Publishing Limited
TOP