Because assessment of qualifications often involves an element of subjective judgement shaped by bias, agreements should stipulate that candidates who fulfil the position requirements are presumed to be equally qualified rather than require that candidates be “demonstrably equal” for affirmative action to apply. For example, YUFA’s agreement stipulates that, “[c]andidates are substantially equal unless one candidate can be demonstrated to be superior.”²³

---

Note
²³ Collective Agreement between York University and the York University Faculty Association (May 1, 2015 – April 30, 2018), Article 12.21.