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In addition to a supportive legislative framework, the US is undergoing a demographic transformation. Ethnic minorities, who now represent approximately 26 per cent of the US population, are expected to represent nearly 50 per cent by 2050. Moreover, there is a rapid numerical expansion of EMBs in the last decade (168 per cent). This, along with increased purchasing power and a buoyant consumer trend make minority communities appealing markets for corporate America.
Hence, corporations are led by strong legislative and demographic forces to engage with ‘fit’ minority suppliers. They turn to supplier diversity intermediaries that maintain databases of EMBs and possess good knowledge of their members’ capabilities and needs. On this point, supporting mechanisms aided by the legislative context in the US, such as longstanding data collection on EMBs, facilitate certification of minority businesses that look for opportunities to supply corporations. This enables intermediaries that foster supplier diversity to build up comprehensive databases of minority suppliers, which in turn solves one of the major problems that corporates have with engaging with supplier diversity, i.e. getting access to credible minority suppliers.
By contrast, legislative and demographic forces that favour supplier diversity in the US are less potent in the UK. The affirmative action legislation in the US is at odds with the principle of ‘equality of opportunity’ embedded in UK and European law. Corporate supplier diversity programmes in the UK do not seek to positively discriminate in favour of specific types of businesses like minority suppliers; rather they aim to ‘level the playing field’ so as to allow all firms, regardless of size, gender or ethnicity of the owner, to have an equal chance of winning businesses. Notwithstanding the amended Race Relations Act 2000 which promotes equality of opportunity and good race relations in all aspects of public authorities’ activities, including procurement in the UK, there are major obstacles to the promotion of supplier diversity. These relate to competition rules that constrain the public sector’s ability to positively discriminate in favour of specific groups of enterprises, based on characteristics such as location, firm size or the ethnicity of the business owner. In the current regime, any intervention needs to be justified in terms of market failure in the tendering process. The influence of EC Competition Policy rules is compounded by changes in the nature of buyersupplier relationships in the corporate sector, with rationalisation of the supplier base being favoured, which militates against supplier diversity.
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