The document discusses civil liberties and discrimination. It begins by defining civil liberties as freedoms constitutionally protected from government overreach, such as those outlined in historical documents like the Magna Carta and the US Constitution's Bill of Rights. It then discusses the founding of the US and the creation of the Constitution to provide strong central government while protecting individual rights and liberties. The document also defines key terms related to discrimination like race, racism, discrimination, stereotyping, and racial profiling. It notes that discrimination limits opportunities based on differences rather than individual merit. Finally, it discusses how the Constitution aims to balance national security and civil liberties, and that human resource leaders must understand discrimination laws.
- Equality and DiscriminationCivil LibertiesCivil libertie.docx
1. - Equality and Discrimination
Civil Liberties
Civil liberties are "the freedoms of all persons that are
constitutionally protected against government restraint" (Burns,
Peltason, Cronin, O'Brien, & Magleby, 2004). Civil liberties
have been extended to a nation's citizens (and often noncitizens)
in various forms for centuries. One example is the Magna Carta,
or Great Charter, granted by King John of England in 1215,
which limited the king's arbitrary rule over his subjects. A more
enduring example is the U.S. Constitution, with its Bill of
Rights and amendments.
The Constitution of the United States: History and Function
The American Colonies, after winning independence from
England in 1781, attempted to exist as a confederation—a loose
group of states with largely independent governments. By 1787,
the leaders of the Revolution realized that this was not working
and called a convention in Philadelphia. Mindful of the need to
provide a strong central government that would lead but not
overwhelm, they designed the Constitution, which was ratified
by all 13 colonies. It provided for three branches of government
(executive, legislative, and judicial) that have separate but
interdependent powers and responsibilities. It also provided for
states' rights and jurisdiction. Finally, the Constitution and the
first set of amendments added in 1791, known as the Bill of
Rights, provided protection to the people from excessive or
arbitrary governance. The Constitution's principles and intent
apply in every era, even in our changing world. It was relevant
in the 1700s and continues to be relevant today.
Civil Liberties under the Constitution and Bill of Rights
2. Regardless of what laws might be in effect or which judge may
be ruling at a trial, the drafters of the Constitution wanted to
protect several basic freedoms. Therefore, they created the Bill
of Rights, which guarantees fundamental rights.
Freedom of speech, freedom of worship, the right to bear arms,
and protection against unreasonable search and seizure were all
rights granted at one time under other governments. In most
cases, however, they only applied to certain classes of people or
were granted and rescinded on a ruler's whim.
Other provisions in the Bill of Rights protect people in unique
situations, such as those criminally accused. The Fifth and Sixth
Amendments provide those accused with the right to an
attorney, the right to a speedy trial, protection from testifying
against themselves, and the right to have witnesses speak in
their favor.
The Constitution and Bill of Rights Today
The Constitution and its amendments are employed today by all
three branches of government. The judicial branch uses the
words and principles of the Constitution to form decisions
regarding civil and criminal trials, and lawyers cite these
decisions in their arguments. Over the years, the Constitution
has been challenged, interpreted, and amended, but never
discarded. It is the cornerstone of U.S. government and culture,
and the protections it gives U.S. citizens draw people from
other countries on a continuous basis.
Reference
Burns, J. M., Peltason, J. W., Cronin, T. E., O'Brien, D. M., &
Magleby, D. B. (2004). Government by the people (20th ed.).
Upper Saddle River, NJ: Prentice Hall-Pearson.
3. Fundamentals of Discrimination
The efforts of many organizations serve to generate a culture
that addresses issues such as race, racism, discrimination,
stereotyping, and racial profiling. Each of these terms must be
clearly defined because they have often been confused with
each other.
Race is defined as "a category of humankind that shares certain
distinctive physical traits" (Race, 2010). Other classifications of
race also include people of similar cultures or those who share a
greater degree of similar background or interest than with
others. Ethnicity is often used interchangeably with race, but
ethnicity encompasses more shared elements such as religious
traditions and language.
Racism is defined as "a belief that race is the primary
determinant of human traits and capacities and that racial
differences produce an inherent superiority of a particular race"
(Racism, 2010). Racism can be described further as feeling
intense hatred of a race different from one's own. Racist
behavior often encompasses outrage and violence among
groups, but in the workplace, it can reinforce attitudes and
behaviors that specifically discriminate against others.
Discrimination is the propensity for a person or group of people
to limit opportunities for others based on their differences. To
discriminate is defined as "to make a difference in treatment or
favor on a basis other than individual merit" (Discriminate,
2010). Discrimination is subjective and is not always an illegal
act. It is extremely important for leaders to understand the
difference between discriminating actions that simply identify
4. differences in the abilities of workers, as opposed to unlawful
discrimination that leads to unfair treatment because of a
worker's background.
The term stereotyping was first coined as a printing term to
describe the duplication of an original document, which was
used to make further copies rather than using the original.
Later, in 1922, a published work, Public Opinion, used the term
to describe stereotyping as a "picture in our heads," which was
described as the way in which people viewed the world around
them. Stereotypes are characterizations based on
generalizations, or assumptions, that people make about
members of a group. They are often incorrectly based on an
image about what people in that group are like.
Racial profiling is a term used when law enforcement uses a
person's race as a basis of suspicion to engage in enforcement
actions. Racial profiling has long been debated; it has been
argued that it is an effective tool in law enforcement to help
identify potential suspects based on characteristics that are
often correlated with race, and it also can be seen as an
infringement on civil rights when a person is suspected merely
because of his or her race.
One of the biggest challenges facing professionals in homeland
security is how to balance the nation's safety and security while
preserving individual liberties. The foundation for the
protection of civil liberties is the U.S. Constitution. It serves as
the basis for laws that govern the way in which people are
treated. Human resource leaders must have a broad
understanding of these laws and their applications in the
workforce. Although the homeland security and emergency
management fields do possess some specific challenges in the
way in which people work together, the laws stretch across the
entire American workforce.
5. References
Breslin, J. W. (1991). Breaking away from subtle biases. In J.
W. Breslin & J. Z. Rubin (Eds.), Negotiation Theory and
Practice (pp. 247–250). Cambridge, MA: Harvard Law School.
Discriminate. (2010). In Merriam-Webster Online Dictionary.
Retrieved from http://www.merriam-
webster.com/dictionary/discriminate
Race. (2010). In Merriam-Webster Online Dictionary. Retrieved
from http://www.merriam-webster.com/dictionary/race
Racism. (2010). In Merriam-Webster Online Dictionary.
Retrieved from http://www.merriam-
webster.com/dictionary/racism
Discrimination in the Workplace
Go here: http://www.youtube.com/watch?v=gww-k8J5G-A to
watch a video that explains workplace discrimination. This
video is approximately 30 minutes in length.
Reference
Beasley Allen. (2012, March 20). Recognizing discrimination in
the workplace [Video]. Retrieved from the YouTube Web site:
http://www.youtube.com/watch?v=gww-k8J5G-A
Discussion on Protected Classes
Go here: http://newday.blogs.cnn.com/2013/12/03/archie-boss-
6. says-white-men-not-in-protected-class/ to view an article and
video that discuss protected classes. This video is
approximately 4 minutes in length.
Reference
Napoli, R. (2013, December 3). 'Archie' boss says white men
not in 'protected class' [Video]. Retrieved from the CNN Web
site: http://newday.blogs.cnn.com/2013/12/03/archie-boss-says-
white-men-not-in-protected-class/
Discriminatory Social Issues
Introduction
On July 4, 1776, the Founding Fathers of the United States of
America signed the Declaration of Independence. Although this
document clearly provided that all men are created equal, the
history of the United States has demonstrated that theories and
laws are not always sufficient to overcome prejudice. There are
many forms of discrimination that are directed toward numerous
minorities. Unfortunately, discrimination has had a very
prominent place within U.S. history.
Racism
Racism is a form of discrimination in which one racial group
dominates another; legitimates its dominance by proclaiming
itself physically, intellectually, and socially superior; and
institutes laws or practices to protect its dominance. The
enslavement of blacks in America is a prime example of this
inequality.
Classism
7. In some cultures or societies, an individual’s placement in a
social or economic class is not based on ethnicity or race but on
his or her family's status in society. In these societies, the
family members' status within their culture’s class structure is
not visible by observers whereas the issues a person of color
faces in a society, like the United States, are readily apparent to
the average passerby.
Social problems do not result from the characteristics of an
individual but rather from the social organization as a whole.
Everything in the system is related to everything else and is
interdependent. For example, as the economy of a society
transitions due to technology or political revolution, the social
structures of the society also shift and transition accordingly.
Poverty in the United States can be attributed to the basic
structure of the American social system. Poverty is not
accidental nor is it entirely deliberate. Economic and social
factors and the underlying motive of the U.S. economy are the
foundation of the recurring and foreseeable permanent social
problem of poverty.
Crime
Many theorists believe that unequal social structures, like
racism and class, have a great deal of influence on crime and
criminality. Èmile Durkheim and Robert Merton theorized that
all individuals seek the American Dream of having a home, two
cars, and a family, but because not everyone is given equal
opportunity to achieve this, some individuals seek alternative
means of reaching success—such as crime. Others theorize that
economic oppression causes crime and that if everyone were
treated fairly or equally, crime would be eliminated.
Sexism
8. Sexism is "prejudice or discrimination based on sex; especially
discrimination against women" (Sexism, 2014).
Due to a long history of patriarchal societies, women have
regularly been treated as unequal to men. One form of
discrimination is the sociological theory of the glass ceiling and
the subsequent compromise with which most women must
contend.
The corporate environment is the following:
define[s] a glass ceiling as the actual or perceived barrier or cap
beyond which few women (or other previously excluded
minorities) in public and private organizational structures are
able to move. For example, many women may have obtained the
position of corporate vice-president, but for some reason cannot
achieve the top position of chief executive officer despite their
qualifications and efforts. In this respect, the glass ceiling is
roughly comparable to a pay cap for women. (Bullard & Wright,
1993)
Social Problems and Change
Because there are many types of minorities in America and
there are prejudice beliefs and discriminatory behaviors, there
are numerous social problems including racism, classism, and
sexism. To counteract that, opinions about issues in society are
often the catalyst for the foundations of social change. Each
individual has an opinion about public issues, and those
combined opinions determine society's position on an issue.
"Social policies can be seen as collective responses to social
problems" and are sustained through several disciplines, such as
social work, psychology, political science, and economics (An
Introduction, n.d.). It also draws on the following:
9. Social policy draws on sociology to explain the social context
of welfare provision. If we are trying to improve people's
welfare, it is helpful to try to understand something about the
way that people are, and how welfare policies relate to their
situation. (An Introduction, n.d.)
Social change, then, can be determined by society's response to
given actions or identified problems. Society, however, changes
slowly.
References
An introduction to social policy. (n.d.). Retrieved from Robert
Gordon University, Aberdeen Web site:
http://www2.rgu.ac.uk/publicpolicy/introduction/policy.htm
Bullard, A. M., & Wright, D. S. (1993). Circumventing the glass
ceiling: Women executives in American state governments.
Public Administration Review, 53(3), 189–202.
Sexism. (2014). In Merriam-Webster online dictionary.
Retrieved from http://www.merriam-
webster.com/dictionary/sexism
Gender and Ethics: Feminism
Some criticisms of traditional and even contemporary ethical
theories are that many were developed by males from a male
perspective. There are beliefs that individual approaches to
morality are gender-based (McAdams, Neslund, & Neslund,
2007), which can invalidate certain approaches to ethics for part
of the population. Furthermore, the male perspective may not
fully take into account ethical considerations that are specific to
10. females and properly recognize the diversity that exists in
society. An understanding of the limitations of current ethical
thoughts, as well as the opportunities relative to these theories
and other actions, is of value as the topic of ethics is explored.
Recognition of evolving thoughts on women’s rights provides
focus for ethical concerns.
Ethical approaches can be viewed as having limitations given
the sources of theories and the potential biases that there may
be in perspectives. As noted by McAdams et al. (2007), Carol
Gilligan believes that an individual sense of ethics is primarily
based on gender. “She claims that men typically approach
morality as a function of justice, impartiality, and rights (the
ethic of justice) whereas women are more likely to build a
morality based on care, support, and responsiveness (the ethic
of care)" (McAdams et al., 2007; Driver, 2005). In addition to
different approaches to ethics, there are perceived limitations
relative to females based on professional status and what is
often referred to as the glass ceiling or limitations on
advancement, equal pay, and sexual matters.
The Types of Feminism
The classic feminists viewed that there were similar experiences
among women so differences among women were not
necessarily taken into account with efforts to achieve proper
social and professional status and recognition (Enns, Sinacore,
Ancis, & Phillips, 2004). The perspective of classic feminism
was that women were dominated by men in a patriarchal system,
the labor markets were unfair, and heterosexuality was forced.
Difference feminism was the recognition of the fact that the
female experience can vary based on race/ethnicity, sexual
orientation, and national origin or culture (Enns et al., 2004).
Radical feminism was viewed as a more militant approach to
classic feminism because they felt female oppression was
widespread and social changes were critical to address this
11. matter (Kinds of Feminism, 2008). Equity feminism builds on
other efforts with a focus on achieving true equality for women
in all aspects of society.
All of these approaches to feminism are based on a common
theme that gender affects various societal matters—at home, in
the workplace, and beyond. They also suggest the need for
reexamining ethical approaches to recognize the gender-based
differences as well as the diversity in life experiences that
impact ethical concerns. As efforts continue to achieve equality
for women throughout the world, it seems logical that some
modifications in value systems will be necessary among regions
and cultures to encompass broader perspectives.
References
Driver, J. (2005). Consequentialism and feminist ethics.
Hypatia: A journal of feminist philosophy, 20, 183–199.
Enns, C. Z., Sinacore, A. L., Ancis, J. R., & Phillips, J. (2004).
Toward integrating feminist and multicultural pedagogies.
Journal of multicultural counseling and development, 32, 414.
Kinds of Feminism. (2008). Retrieved August 24, 2009, from
University of Alabama in Huntsville Women's Studies Web site:
http://www.uah.edu/woolf/feminism_kinds.htm
McAdams, T., Neslund, K., & Neslund, N. (2007). Law,
business, and society (8th ed.). New York: McGraw-Hill.
Unit 3 - Discussion Board
Type: Discussion Board
Unit: Equality and Discrimination
Deliverable Length: 300–500 words
Primary Discussion Response is due by Wednesday (11:59:59pm
12. Central)
Primary Discussion Response: Within the Discussion Board
area, write 300–500 words that respond to the following
questions with your thoughts, ideas, and comments. This will be
the foundation for future discussions by your classmates. Be
substantive and clear, and use examples to reinforce your ideas.
Review the following articles and video:
1. Article 1 - https://nwlc.org/resources/lilly-ledbetter-fair-
pay-act/
2. Article 2 - http://sundial.csun.edu/2013/03/lilly-
ledbetter-shares-her-story-of-overcoming-the-wage-gap/
3. Video - http://www.makers.com/lilly-ledbetter
4. Article 3 -
http://www.forbes.com/sites/meghancasserly/2013/09/19/the-
geography-of-the-gender-pay-gap-womens-earnings-by-
state/2/#2a4ce99858a8
5. Article 4 -
http://www.pewsocialtrends.org/2013/12/11/on-pay-gap-
millennial-women-near-parity-for-now/
Using the articles and video as resources, address the following
questions:
1. Why do you think there is such disparity of pay between
men and women?
2. Does the disparity of pay violate the utilitarianism view?
Why or why not?
3. Do you feel that the Lilly Ledbetter Act will help to
decrease the disparity between men and women? Why?
4. What are some of the roadblocks that many women face
today to get equal pay?
A minimum of 1 reference should be used to reinforce your
13. thoughts. Be sure to include it both as an in-text citation and on
your reference list at the end of your discussion post.
References
Casserly, M. (2013, September 19). Retrieved from the Forbes
Web site:
http://www.forbes.com/sites/meghancasserly/2013/09/19/the-
geography-of-the-gender-pay-gap-womens-earnings-by-state/2/
Makers. (n.d.). Lilly Ledbetter [Video file]. Retrieved from
http://www.makers.com/lilly-ledbetter
National Women's Law Center. (2013, January 29). Lilly
Ledbetter fair pay act. Retrieved from
http://nwlc.org/resources/lilly-ledbetter-fair-pay-act/
Pew Research Center. (2013, December 11). On pay gap,
millennial women near parity - For now. Retrieved from
http://www.pewsocialtrends.org/2013/12/11/on-pay-gap-
millennial-women-near-parity-for-now/
Soley-Cerro, A. (2013, March 6). Lilly Ledbetter shares her
story of overcoming the wage gap. Retrieved from The Sundial
Web site: http://sundial.csun.edu/2013/03/lilly-ledbetter-shares-
her-story-of-overcoming-the-wage-gap/
Unit 3 - Individual Project
Type: Individual Project
Unit: Equality and Discrimination
Deliverable Length: 10 slides, including title and references
slides
Assignment Details
14. Assignment Description
Review the following articles:
Article 1 - http://www.nolo.com/legal-
encyclopedia/religious-discrimination-workplace-30114.html
Article 2 - https://www.eeoc.gov/laws/types/religion.cfm
Article 3 -
http://www.huffingtonpost.com/2011/11/25/workplace-
religious-discrimination_n_1112313.html
Based on the religious discrimination lawsuits outlined in the
articles, imagine that you work for a retail store, and you were
asked to develop training for employees and managers on
reducing harassment and avoiding discrimination. In your
presentation, address the following:
-- Introduce the objective of the presentation.
-- Introduce the company’s zero-tolerance harassment policy,
and explain why it must be adhered to.
-- Address the consequences of not adhering to this policy.
-- Discuss how employees and the organization will be
affected by not complying with the zero-tolerance harassment
policy by referring to Kant’s categorical imperative and
corporate social responsibility.
Be sure to apply the following in your presentation:
-A minimum of 2 references should be used to reinforce your
thoughts.
-Be sure to include your references as in-text citations (on
your slides) and on your reference slide.
-Expand your thoughts by including your presentation notes
in the Notes field.
15. References
DelPo, A. (2014). Religious discrimination in the workplace:
Employers must accommodate their employees' religious
beliefs--within reason. Retrieved from the NOLO Web site:
http://www.nolo.com/legal-encyclopedia/religious-
discrimination-workplace-30114.html
Pledger, M. (2011, November 25). Workplace religious
discrimination complaints double over 10 years. Retrieved from
The Huffington Post Web site:
http://www.huffingtonpost.com/2011/11/25/workplace-
religious-discrimination_n_1112313.html
U.S. Equal Employment Opportunity Commission. (n.d.).
Religious discrimination. Retrieved from
http://www.eeoc.gov/laws/types/religion.cfm