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Equity is not the same as equlaity. Equality implies samness, while equity on the other hand, assumes difference and takes difference into account to ensure a fair process and, ultimately, a fair (or equitable) outcome. Equity recognizes that some groups were (and are) disadvantaged in accessing resources and opportunities. Equity is more complicated than equality. The complication with equity is that people often disagree on what is “just” or “fair.” These are subjective concepts and, as a result, laws and policies that attempt to achieve equity are often challenged in court or are controversial. The use of the word equity has increased due to concerns about social justice and a desire for fairness for historically oppressed groups. In the law, minority groups may have equal rights but are still treated unfairly. The effect of exclusion often lingers systematically through policies, practices, and procedures.
Equity, in its simplest terms as it relates to racial and social justice, means meeting communities where they are and allocating resources and opportunities as needed to create equal outcomes for all community members. An emphasis on equity also challenges colorblind (or other identity) liberalism and claims of the US as a meritocracy.
The Biden administration’s definition of equity, in its 2021 executive order, refers to “the consistent and systematic fair, just, and impartial treatment of all individuals, including individuals who belong to underserved communities that have been denied such treatment.” It goes on to specifically name the following groups:
Black, Latino, and Indigenous and Native American persons, Asian Americans and Pacific Islanders, and other persons of color
Members of religious minorities
Lesbian, gay, bisexual, transgender, and queer (LGBTQ+) persons
Persons with disabilities
Persons who live in rural areas
Persons otherwise adversely affected by persistent poverty or inequality
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