Before you start composing your WEEK IV analysis you might want to

Before you start composing your WEEK IV analysis you might
want to review my previously posted writing tips and CH. 9
notes. Since each assignment builds upon the previous ones,
they contain helpful information that is relevant for this
analysis as well.
This week you are asked to also apply Kohlber's and Maslow's
models to your analysis. Some of you may be wondering why
and how? Hopefully, the following notes will help in this
regard.
Remember my question in the CH.9 notes as to why we can
hold companies to the same basic ethical and legal standards as
we do human air-breathers (my descriptive term)?
After all, as I pointed out before, these are fictional legal
entities, not sentient beings capable of thoughts, feelings, or
actions independent of their participants. PAUSE---- Okay, here
is the reason: Because they are human constructs and therefore
often take on human quakities (oops! a Freudian slip?) or
qualities.
Although the moral reasoning of these entities, just like the
moral reasoning of any society, is a collective endeavor based
on a mixture of the reasoning abilities of its various
participants' moral reasoning development, Kohlberg's model is
still useful by analogy to determine the likelihood of U.S.
society's, and especially the business community's, current level
of moral reasoning about the issue of retaining legal protections
for women under the sex classification. Before some of you
object that this protected class includes males as well, and you
are correct, the issue at hand only addresses how this protected
classification pertains to women. Has U.S. society sufficiently
developed in its moral reasoning that these legal protections are
no longer needed? Why are we analyzing this issue from a
societal standpoint since sexual discrimination issues usually
arise at the personal or organizational levels? Which level,
discussed in your text, is capable of resolving the issue? Can

any individual or business rescind these legal protections? If the
major legal protections under U.S. Title VII, etc. are rescinded,
how likely is it that women would continue to be afforded equal
employment opportunities? Has the idea of equal rights for
women become so ingrained in the culture that without legal
mandates society will not devolve to lower levels of moral
reasoning and act on that less developed reasoning to deny
women equal rights?
As to the applicability of Maslow's model, it is first necessary
to discuss the value of work and the differences between a job,
a career, and a calling. How much effort does someone invest
in a job such that she would not leave it easily if a better
employment opportunity presented itself? With a job which of
Maslow's levels of needs is she trying to satisfy? Would anyone
typically leave a career and take a job in a different field even
if the compensation was greater? How much more effort and
training goes into a career? Do persons in careers, especially as
opposed to jobs, gain particular status within the community?
Which of Maslow's levels of needs is she more likely to satisfy
with a career? What distinguishes a calling? Is it something
that a person does even if she does not receive monetary
compensation for it? Is it an irresistible urge to achieve her
fullest potential? Which of Maslow's levels of needs is she more
likely to satisfy? If women are no longer legally protected
concerning equal employment opportunities, what hope do they
have of realistically being able to independently satisfy any of
Maslow's levels of needs? What could that do to the self-esteem
of many women? Will they feel that they have intrinsic value?
This question is better addressed from a societal level. Imagine
if, we rescinded these legal protections and the country suffered
a crisis of catastrophic proportion (such as the collapse of our
economy due to massive infections and deaths). After the crisis,
there are limited employment opportunities because so many
businesses did not survive. Would potential employers do as
their counterparts did after World War II and ask women
employees to step down in favor of their male counterparts even

though some of those women were now the family's only
breadwinner? Are the old animalistic prejudices likely to arise?
These attitudes still prevail in some quarters. Do the research
and find out about the struggles for women's equal rights. You
may be surprised to discover that sexual discrimination in the
U.S. is still alive and well, even if more covert. Rather than
giving you personal examples or other anecdotal evidence of
sexual discrimination here, if you are interested in holding a
more in-depth discussion on this topic, please call me at 619-
347-0009.
RIGHTS THEORIES
MORAL RIGHTS
Moral rights, as opposed to legal rights, are not dependant on a
political system for their legitimacy. This is the category of
rights that all human air--breathers, as opposed to non-human
air-breathers--- should be afforded to them by virtue of their
having intrinsic value and not only instrumental value. These
rights, or entitlements, are supported by various ethical theories
when for instance the Universalism thesis under Utilitarianism
requires that all persons' (women's and men's) interests be
considered in the calculations of Hedonistic options available.
Kantianism insists that all Universalizable maxims be respectful
of the rights of all persons to be treated with dignity and
respect--which includes freedom of choice. Virtue ethics, more
modernly, does not distinguish basic "good " character traits of
excellence such as integrity, good judgment, role identity--not
as a woman or a man in any given role but, the ability to fulfill
the duties of that role within a community by a member of
either sex---, holism--the ability to habitually practice the other
virtues in an integrative manner while recognizing the
importance of other persons to the community and vise versa.
The various Justice theories do not relegate justice based on
sex, just on relevant differences based on ability, endeavor,
contribution, etc.

LEGAL RIGHTS
Legal rights are those set of rights that require recognition and
enforceability by a given political system e.g. the U.S. and each
state government. For instance, U.S. citizens cannot expect to
have their civil rights recognized, except under limited
circumstances e.g. by treaties, when traveling to or residing in
other countries. Legal rights are usually territorially bound. One
must be able to cite a legally recognized right to enforce that
right against others in a court of law. So, as you compose your
analysis, be sure to name the specific law upon which the legal
right under analysis depends. Also, you want to consider that if
we declassify sex as a protected class would it also rescind
other legal protections designed primarily for women such as
protections regarding pregnancy and equal pay, etc.?
Are women entitled to be given priority over men just by virtue
of their sex, or must they be "otherwise qualified"? What does
that mean? What is a BFOQ defense to sexual discrimination?
If, we declassified sex as a protected class would women still be
able to demand that they be given equal employment
opportunities or would they be forced to depend upon the
goodwill of their male counterparts in the government and
business communities
JUSTICE THEORIES
Rawls' theory of justice has two main principles and two minor
principles, that condition the second main principle. Like all of
the other theories and legal concepts, these come as a set and
must be all examined for compliance. Lacking one of the
elements, results in either a mitigating factor or an excusing
factor, independent of affirmative defenses such as a BFOQ
defense in employment law.
Would any rational self-interested person wish to live in a
society that does not legally protect its members against sexual
discrimination, if he might be a victim of that lack of legal
protection, even if that lack of protection was offset by a
greater good for the rest of society? Would rescinding these
legal protections make the least advantaged --for argument's

sake, women--better off than they would be with the protections
in place? Would this guaranty women an equal opportunity to
compete for access to all offices and positions in society? Does
this theory advocate absolute equality or equality of
opportunity, and what one makes of that equal opportunity is up
to each individual, which might result in natural inequalities
due to skills, effort or luck, but would still be fair?
ARISTOTLE'S THEORY OF JUSTICE
Aristotle posited that persons should be treated alike (equal)
unless there is a relevant difference, in which case it is just to
treat them differently in proportion to that relevant difference.
So, would this support the BFOQ legal defense in employment
law? Is this theory unsupportive of legal protections for
women? Do the current legal protections allow for differences
in treatment, even on the basis of sex, if there is a relevant
difference in education, skills, experience or ability, so long as
anyone is treated differently only in proportion to the relevant
difference in the aforementioned differences (qualifications)?
NOZICK'S ENTITLEMENT THEORY OF JUSTICE
Nozick's theory also has a set of elements that must all be
discussed in your analysis, as one builds upon, and informs the
others.
I list them here differently than the authors of your text because
they might make more sense in this way.
There must first be a just--free of force or fraud--acquisition of
the property right. This does not mean just land or physical
personal property but, includes entitlements, such as equal
opportunities to fulfill any of Maslow's levels of needs. If you
gained your employment through your superior efforts,
experience or even good luck, as long as you did not use the
force of wrongfully attained unequal power or fraud - -
misrepresentation of facts about genetic abilities--then the

acquisition is just.
Second, if the first element is met then any subsequent transfer
of that acquisition is just, even if it results in an inequality
within society.
This third element is especially useful in this case analysis
because it obligates one to rectify the situation where the two
elements above were not met. What were the legal protections
for members of protected classes intended to accomplish?
Running head: PROTECTION OF WOMEN 1
PROTECTION OF WOMEN 6
Undue (Undeserved) Protection Of Women In The Workplace
Author’s Name
Institutional Affiliation
Date

Undue (Undeserved) Protection Of Women In The Workplace
Introduction
The discussion focuses on the undeserved protection of women
at different workplaces with the notion of being gender-
sensitive. In the current century, women are favored over men
to satisfy the statement of gender equality, which is far from the
meaning of the ethics that all the people are standing for. The
sex protected class should go head to head with their male
counterpart to ensure that the best are chosen for the jobs.
Women should learn to manage the heat in the kitchen by
allowing the male and the female to fight it out and allow for
the survival of the fittest so weak one can be phased out.
Moral Imagination
The fact of the moral imagination we will see there arise the
many possibilities in the resolution of the challenge that is at
hand to come up with the definite answers to the many
questions. The handing of work to women by the workforce as a
way of meeting gender equality is locking out most of the best
persons from accessing jobs. When the best from limiting sex
protection policy recruitment is not selected, it sees the
company lose the deserved skills that are required to meet the
objectives of the organization. When considering the sex
protected class makes the company liable to be accused of
sexual discrimination when either of the genders feels that they
are not treated fairly within the corporation Women should
come ready to fight the fact that society was just never meant to
be equal unless the immoral injustice is used to favor one into
the positions of power majority in the workplace. The
promotions at work should be promotions of merit rather than
the sense of fixation of people to meet the gender balance as per
the requirement of the sex protected class. The fact that women
can withstand the pressure from men means that women can
deal with the pressures that arise in the workplace, making her
the most capable: not just a woman handpick with little
understanding of stress and the job environment.
The Kew Garden Principles

The Kew garden principles work under extreme need, proximity,
capacity, no one else will work, and they won't suffer the
excessive loss. The laws work on the use of the design, making
hierarchy in the conservation and preservation within an
organization. The principles also recommend the usage of the
ethical approach in handling all the matters of operation in any
organization. The focus of the policy is on ethical leadership
and integrity (Desmarais, 2018). Women working on honesty
and good leadership will not get the underserved protections as
their work will allow them to compete effectively at the
workplace. The principles will enable the woman the
competitiveness required for the success of the organization.
Ethical Theories
As Gališanka (2019) on the justice theory by John Rawls argues
on the reconciliation of liberty and equality as the best structure
for good orderliness. The structure of good orderliness can be
achieved at workplaces if fairness is founded on the unfairness
as women will want to be the protected sex that will want to be
favored for the job promotion and the recruitment process. The
self-growth at the workplace will not be achieved as the women
will get promotions not on merit but on the fact that there is a
need to have a sense of gender representation. There we will
end up with the week and the undeserving supervisors and
managers who, in a real sense, do not know their
responsibilities.
The theory of utilitarianism under rule utilitarianism, the sense
of fairness must be embraced by following the, and the most
just principles must be applied to achieve a goal and have the
work environment working under the rule capable the goal
(Wolf,2016). The Moment women are considered the weak, then
given promotions on the same policy, fairness and regulations
fail to work, bringing the sense of division in gender breaking
the work structures. It kills the morale of competition at work
because the men will tend to be of the mentality that women
will come first irrespective of their qualifications.
Kohlberg’s Moral Development Model

Kohlberg believes in the three good levels of development pre-
conventional, the conventional, and lastly, the post-
conventional level (Sanders,2018). The pre-conventional stages
of development are a stage majorly for the infants in which the
focus is the avoidance of punishment, and in this stage, the kid
doesn’t understand the issue of sex is a protected class. In the
conventional stage, individual morality is dependent on the
societal and close relations to the environment and how they
will want to be judged by society. This is where the sense of
rule and authority begins to sink into the child and live to
societal orders. In the post-conventional stage, the individual
will want to see the world and learn that some rules are not
serving justice and should be eliminated (Sanders,2018).
Imagine that most of the workers have reached the post-
conventional stage there are high chances that there will arise a
rebellion at work minimizing the sense of competition is
senseless as the sex is a protected class is a rule that is flavored
with injustice to favor the women. The men will not give their
best as they will be working to satisfy the system but not to
give the bests as the women will get the undeserved protection
as the routine ever dictates.
Maslow’s Hierarchy of Needs Model
The Maslow stages of individual development are subdivided
into the five-stage, which can also be divided widely into the
deficiency and the growth needs. The first four stages can be
classified as deficiency needs, while the last one is the one
classified under the growth needs. Deficiency needs come as a
sense of deprivation, and majorly are motivators to individuals
if they are not met. The motivation for the denial of the
deficiency needs consistent growth as long as they have not yet
been achieved (Hopper,2019). The deficiency needs are so basic
like food like the longer one stays in the cold without where to
shelter, the harder the person will work to ensure that they get
the shelter.
The Maslow hierarchy of needs model illustrates that an
individual will not get to the growth needs if he has not

accomplished the deficiency needs as it is like a stairway or a
step to the next stage. The first need s in the hierarchy must be
achieved to the fullest before one decides to decide on the next
stages. It also the human nature to desire for more being that
one has achieved one he will want to not settle at that one
achievement but wan to acquire even more from their efforts.
The five stages of needs are physiological needs, safety needs,
love/belonging needs, esteem, and self-actualization as the last
(Hopper,2019). The sex protected class women will naturally be
discriminated hence not being in the position of competing
effectively at the workplace the need for the safety needs for
women giving them the protection necessary to compete. The
women at work will not meet self-actualization if they first
don’t get to the stage of safety as a stepping stone to self-
actualization.
The relevant Law (federal Law regarding illegal workplace
discrimination)
Title VII of the Civil Rights Act of 1964 overs the right of the
private state and the federal employees from sex, nationality
and gender discrimination (Arima,2018). The sex harassment
limitation by the Law ensures that no employee does not face
the hostile working conditions of the sexual favors to get a right
at the workplace. Pregnancy discrimination should also not
come to play as the situation as it would be treated as any other
illness that one faces while performing their duties at the
workplace. The sex protected class comes into play here
favoring the woman in the situation will give a stronger
workforce because as the pregnancy is treated as sickness at the
workplace, the women will be able to give their best of result
when they are at their best than allow them to compete the men
when they are pregnant or when they have to perform the sexual
favors for the sake of a deserved promotion or any employment
opportunity. The competition will only be effective at the
workplace only when women are accepted and respected for
what they are.
Moral Courage

It is the courage or the boldness for an individual or
organization to take a step irrespective of the adverse
challenges that might accompany the decision and the action
taken. The parent point of nurturing the kids to have a sense of
self-esteem to conforming to the sense of women being
considered to be passive (Van Heel et al. 2019). Those who are
brought up under the correct moral values will always tend to
maintain on the principles that they were brought up under by
their parents in the regular practices. When a woman is brought
up with good morals, they will always become very competitive
at the workplace, making the woman deserve no protection at
work but protect themselves with their morals.
A specifically identified, defined and cited Corporate Social
Responsibility(CSR), Model
The CSR model shows businesses, ethical, legal, and economic
practices as interconnecting with the entire stakeholders making
them get a sense of belonging to the company (Marques-Mendes
& Santos,2016). The key role in the CSR model is the ethics.
The companies might implement the sex-based employment bur
that will be unethical as a favor to one sex over the other. The
sex-based employment will see the competition being biased,
which will alter the competitive value at the work as there will
be no merit recognition to employment.
References
Arima, C. (2018). Protecting the People: Expanding Title VII's
Protection against Sex Discrimination to Sexual Orientation
Discrimination. DePaul L. Rev., 68, 69.
Desmarais, J. (2018). Monsters Under Glass: A Cultural History
of Hothouse Flowers from 1850 to the Present. Reaktion Books.
Gališanka, A. (2019). John Rawls: The Path to a Theory of
Justice. Harvard University Press.
Hopper, E. (2019). Maslow’s Hierarchy of Needs Explained.
Viitattu, 12, 2019.
Marques-Mendes, A., & Santos, M. J. (2016). Strategic CSR: an
integrative model for analysis. Social Responsibility Journal.

Sanders, C. E. (2018). Lawrence Kohlberg's stages of moral
development PSYCHOLOGY. Encyclopedia Britannica.
Van Heel, M., Bijttebier, P., Claes, S., Colpin, H., Goossens,
L., Van Den Noortgate, W., ... & Van Leeuwen, K. (2019).
Measuring parenting throughout adolescence: Measurement
invariance across informants, mean level, and differential
continuity. Assessment, 26(1), 111-124.
Wolf, S. R. (2016). Two concepts of rule utilitarianism. Oxford
Studies in Normative Ethics, 6, 123-44.

Before you start composing your WEEK IV analysis you might want to

Recommended

Recommended

More Related Content

More from mammiesfa

More from mammiesfa (20)

Before you start composing your WEEK IV analysis you might want to