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THE ETHICS OF

JOB
DISCRIMINATION
Group members: Joseph Ramirez, Elida Espinoza, Judy Diaz, Noelia
Villalta and Marta suchite
Independence Junior College
Business Ethics
Ms. Muschamp
WHAT IS DISCRIMINATION?

 Is the act of distinguishing one object from another.


 Distinguishing among people on the basis of prejudice
instead of individual merit.

WHAT IS JOB DISCRIMINATION?


 Job discrimination is a form of discrimination based on
race, gender, religion, national origin, physical or mental
disability, age, sexual orientation, and gender identity by
employers.
THREE BASIC ELEMENTS
1. It must be a decision not based on individual merit.

2. The decision must derive from racial or sexual


prejudice, false stereotypes or other kind of morally
unjustified attitude against members of the class to
which the employee belongs.

3. The decision must have a harmful impact on the


interest of employees.
TYPES OF DISCRIMINATION
 Intentional discrimination

 Unintentional discrimination

 Individual discrimination

 Institutional discrimination
DISCRIMINATION: ITS EXTENT
 Average Income Comparisons- comparisons of average
benefits given minorities and women compared to others.

 Lowest Income Comparisons- comparisons of the


proportions of a minorities and women found in the lowest
level of the institution.

 Desirable Occupation Comparisons- comparisons of the


proportion of minorities and women found in the best
positions in the institution.
MAJOR DIFFICULTIES FOR WOMEN AND
MINORITIES IN THE JOB MARKET
 Most women and minorities tend to be new workers,
however, they face many disadvantages.

 Many of these new jobs require education and skills and


minorities are falling behind.

 When women advance in their careers, they sadly


encounter barriers like the “glass ceiling”.
ARGUMENTS AGAINST
DISCRIMINATION
 Utilitarian Argument- claims that societies will become
more productive if jobs are awarded based on
competence and merits.

 Right-based Argument- maintains that discrimination


violates human rights by holding that women and
minorities are inferior.

 Justice-based Argument- it is unjust to give certain


people more opportunities than others.
DISCRIMINATION PRACTICES
 Firing someone based on race or gender.

 Awarding unequal salaries and wages to employees


doing the same job.

 Recruitment practices based on word-of-mouth referrals


of present employees.

 Screening practices where employers ask for


qualifications that are not relevant to a certain type of
job.
SEXUAL HARASSMENT
 Sexual harassment is unwelcome sexual behavior, which could
be expected to make a person feel offended, humiliated or
intimidated.
 It can be physical, verbal or written.

 Sexual harassment is not consensual interaction, flirtation or


friendship.
 It is not a behavior that is mutually agreed upon.

 Sexual harassment is covered in the workplace when it happens:


 at work
 at work-related events or where people are carrying out work-related

functions
 between people sharing the same workplace

 A single incident is enough to constitute sexual harassment. It


doesn’t have to be repeated.
SEXUAL HARASSMENT GUIDELINES
 Guidelines prohibit creating an intimidating, hostile, or
offensive working environment.
SEXUAL HARASSMENT GUIDELINES
 Guidelines prohibit verbal or physical contact, if it has
the effect of unreasonably inferring with the victim’s
working performance.
SEXUAL HARASSMENT GUIDELINES
 Guidelines say that a firm can be guilty of sexual
harassment even if it did not know and could not have
known that the harassment was going on-indeed. Even if
the firm had expressly forbidden the offensive act.
AFFIRMATIVE ACTION
 Affirmative action programs call for positive steps
designed to eliminate the effects of past discrimination.
LEGAL STATUS OF AFFIRMATIVE
ACTION
 Affirmative action is legal when it used to correct a
sexual or racial imbalance that caused by a result of past
discrimination.
 Affirmative action is legal when it is used to correct a
sexual or racial imbalance not caused by past
discrimination.
COMPENSATION ARGUMENT FOR
AFFIRMATIVE ACTION
 Based on compensating victims that have been part of
past discrimination.

Compensatory justice requires:


 Compensation should come only from those specific
individuals who intentionally inflicted a wrong.
 Compensation should be paid only to those specific
individuals who suffered that wrong.
UTILITARIAN ARGUMENT FOR
AFFIRMATIVE ACTION
EQUAL JUSTICE ARGUMENT FOR
AFFIRMATIVE ACTION
OTHER TYPES OF DISCRIMINATION
 Age, Protected by the Age  Disability, Protected by
Discrimination in Employment the Americans with
Act
Disabilities Act

 Sexual Orientation, few  Obesity, has no


protections against protections
discrimination

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