Discrimination Discrimination is the unlawful and intentional act of unfair treatment of a person based on race, ethnicity, sex (gender), religion, national origin, physical or mental disability, and age. Some states have laws that also protect against discrimination on the basis of marital or familial status or sexual preference.
Employment discrimination is where a worker is treated different (typically worse) than others in the workforce due to their race, gender (sex), national origin, religion, age, or disability. It can take the form of an adverse action that affects an employee economically like, failure to promote, demotion, suspension, termination, or loss of benefits. Employment discrimination can also take the form of a hostile work environment (workplace harassment), like verbal or physical harassment, or it can occur when an employer fails to reasonably accommodate a qualified employee with a disability.
It is illegal to discriminate against an individual because of : Birthplace Ancestry Culture and Linguistic characteristics common to a specific ethnic group.
Physical disability of the people Weight discrimination Age discrimination Any diseases
Title VII of the Civil Rights Act of 1964 (Title VII),which prohibits employment discrimination based onrace, colour, religion, sex, or national origin. the Equal Pay Act of 1963 (EPA), which protects menand women who perform substantially equal work inthe same establishment from sex-based wagediscrimination
the Age Discrimination in Employment Act of 1967 (ADEA), which protects individuals who are 40 years of age or older Title I and Title V of the Americans with Disabilities Act of 1990, as amended (ADA), which prohibit employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments;
Sections 501 and 505 of the Rehabilitation Act of 1973,which prohibit discrimination against qualifiedindividuals with disabilities who work in the federalgovernment
Title II of the Genetic Information Non discrimination Act of 2008 (GINA), which prohibits employment discrimination based on genetic information about an applicant, employee, or former employee; and the Civil Rights Act of 1991, which, among other things, provides monetary damages in cases of intentional employment discrimination.
Why do employee’s hesitate to report discrimination, workplace harassment and sexual harassment?AnswerFear of losing their jobFear of retaliationFear of getting someone into troubleFear of disrupting the workplaceFear of being accused of having no sense of humorFear of being embarrassedFear of feeling like “less of a man/woman”Fear of not being believed. job discrimination.mp4
Effects of discrimination in the workplace: Discrimination in the workplace negatively affects businesses and hurt a companys reputation. A business self-limits itself when it restricts advancement to certain groups or types of employees. Employees are more likely to be looking for new jobs when they feel they have been wronged. Sending wrong signals to potential clients can also cause conflict because customers can sense when employees arent enthusiastic or dont believe in their company.
Ethical Analysis Rights: Is there a moral right to engage in employment discrimination? Or do people have a moral right to be free from discrimination, thereby creating a moral duty not to discriminate? To answer
Ethical Analysis Rights: Reversibility: I wouldn’t like it if I were victimized by employment discrimination Universalizability: I can’t imagine a world in which all employment decisions were based on false stereotypes and prejudice instead of legitimate, job-related factors
Ethical Analysis Rights: (cont’d.): Respect / Free Consent: employment discrimination does not treat the victim of the discrimination with respect; the victim has not freely consented to be discriminated against Therefore, there is no moral right to engage in employment discrimination Instead, people have a moral right to be free from discrimination, which creates the moral duty not to engage in discrimination
Ethical Analysis Distributive Justice: Is employment discrimination fair? Does it produce a fair distribution of benefits and costs? Egalitarianism: no reason to believe discrimination produces an equal distribution of good and harm Capitalism: discrimination ignores contributions
Ethical Analysis Distributive Justice (cont’d.): Socialism: discrimination ignores abilities and needs (victims of discrimination likely to be among the needy) Libertarianism: the victims of discrimination have not freely chosen to be among the victimized
Ethical Analysis Distributive Justice (cont’d.): Rawls’s Principles: Equal Liberty Principle: Discrimination does not provide equal liberties Equal Opportunity Principle: Discrimination does not provide equal opportunities Difference Principle: Discrimination does not help those in need as much as possible Therefore, employment discrimination is unfair and therefore unethical
Ethical Analysis Ethics of Care: A manager has a relationship with: Stockholders who have entrusted their investments with management Customers who want good products and good services at good prices Employees who want the company to be successful so they can get good pay and benefits
Ethical Analysis Ethics of Care (cont’d.): A manager who doesn’t make employment decisions on the basis of legitimate, job-related factors: Doesn’t hire the best qualified Doesn’t create incentives for good job performance Result: higher costs, which threatens stockholders, customers, and employees Therefore, employment discrimination is unethical
Ethical Analysis Virtue Ethics: A manager who engages in discrimination can be described as bigoted, biased, racist, sexist, and so forth These character traits are vices, not virtues Therefore, employment discrimination is unethical All 5 moral principles reach the same conclusion: discrimination is unethical funny Employee Gets Fired and Flips Out - YouTube.FLV
US Law Because employment discrimination is unethical, US law makes it illegal when it is based on: Race, Color, Religion, Sex, National Origin, Age (if 40 or older), & Disability Unless an exception applies Example: Bona Fide Occupational Qualification (BFOQ)
Affirmative Action Examples of Hiring Policies: Equal Employment Opportunity (EEO) Take extra steps to get a pool of well qualified applicants from all groups Use membership in a group victimized by past discrimination as a tie breaker Use membership in a group victimized by past discrimination as a plus factor Quotas / Preferences / Set-Asides
Affirmative Action Arguments in favor of affirmative action: Compensatory justice Morally justified means to morally justified ends Speeds the process of correcting the effects of past discrimination
Affirmative Action Arguments against affirmative action: Reverse discrimination Not compensatory justice due to mismatch Hurts the people it means to help Wal-Mart Employment Discrimination Suit - YouTube.flv
Makky vs Chertoff Appeals court held that a government employee who sued for discrimination based on his religion and national origin had no suit as the reason for his loss of employment was the loss of his security clearance, a necessary condition of continued employment.
Makky, a Muslim, was born in Egypt and worked in the U.S. An expert on explosives, he worked for the Transportation Safety Administration (TSA). In 1987 he was granted “secret” level security clearance. In 1996, the clearance was upgraded to “top secret.” At that time, he notified the government that he was a dual citizen, also holding Egyptian citizenship. The quality of his work was excellent. In 2003, the TSA began to review his security clearance. His clearance was revoked because of his failure to disclose foreign relatives and foreign associates. The loss of his clearance meant suspension without pay. Makky appealed, but the administrative judge upheld the TSA decision. He sued for discrimination based on religion and national origin. The trial court held for the TSA. Makky appealed.
Affirmed. Makky failed to establish a prima facie case of employment discrimination given the evidence that he no longer possessed a security clearance as required for his position. The TSA had the right to suspend Makky since he lacked a clearance. He was given the reason for the loss of his clearance, which is all that is required in such instances.