Transcript week_8 - Homework Market

The act of distinguishing one object from another
Wrongful discrimination - distinguishing among
people on the basis of prejudice instead of
individual merit
» It must be a decision not based on individual
merit
» The decision must derive from racial or sexual
prejudice
» The decision must have a harmful impact on
the interest of employees
» Intentional discrimination by individual:
» A single individual intentionally discriminates
based on personal prejudice
» Unintentional discrimination by individual:
» Isolated behavior of a single individual who
unintentionally discriminates because he or she
uncritically‫ دون تمحيص‬adopts the practices and
stereotypes of his or her society
» Institutionalized intentional discrimination:
» Routine, institutionalized behavior of a group,
based on policy.
» Institutionalized unintentional discrimination:
» Systematic routine of a group that
unintentionally discriminates because group
members uncritically incorporate the
discriminatory practices of society.
Intentional
Unintentional
a single individual unwittingly
a single individual
discriminates due to their
deliberately‫بتعمد‬
Isolated
unthinking acceptance of prevalent
discriminates on the basis of
practices, stereotypes and
personal prejudices.
attitudes.
routine behaviour of an
routine behaviour of an
institutionalized group unwittingly
institutionalized group
Institutio
discriminates due to
deliberately discriminates
nal
institutionalized practice,
on the basis of the
stereotypes, attitudes, or corporate
prejudices of the group
culture
» An indication of discrimination –
a disproportionate number of a
certain group's members hold
less desirable positions despite
their preferences and abilities.
» Comparisons of average benefits given to
various groups
» Comparisons of the proportion of a group
found in the lowest levels of the institution
» Comparisons of the proportion of a group
found in the most advantageous positions in
the institution
» Definition:
+"to decide adversely against
members of a certain class
because of a morally unjustified
prejudice against members of
that class." (Velasquez)
» Victims of discrimination: religious
groups; ethnic groups; racial groups;
sexual groups
» Difficulty:
» it's generally impossible to know (or
show) that a particular individual was
discriminated against.
Many randomizing factors enter into who wins out
in hiring and promotion decisions:
» who the competitors were
» quirks of the interviewer:
- maybe it was your haircut or tie
- or their personality clashed (with you) or
meshed (with some competitor)
- Generally impossible to tell for a given
individual whether their loss of the job, raise, or
promotion was due to systematic discrimination
or random factors.
- It's only possible to detect systematic
discrimination en masse by looking at statistical
measures of what happens to groups in hiring,
compensation, and promotion.
» Prima‫ المغنية األولى في األوبرا‬facie evidence of
discrimination:
- comparison of average benefits provided
between groups within the institution
- comparison of occupants‫ شاغلي‬of lowest levels
between groups
- comparison of occupants of highest positions
between groups
» sexual and racial and discrimination is present
in American society as a whole (less in Canada)
» for some segments of the population
discrimination is not as intense as it once was:
+ young college-educated black males
+ females
+ Asians
Historical violations of justice underlie present
disadvantaged status of women and minorities in the U.S.
and in Canada
Examples:
˃ African-Americans
+ brought to country as slaves: bought & sold & treated like
cattle
+ were not recognized as people
– had no legal powers: no rights to their bodies or their
labor
– deemed to be "beings . . . so far inferior that they had
no right's that the white man was bound to respect"
(Dred Scott v. Sanford: 1857)
˃ Women: through much of the 19th century
+ could not vote, hold office, serve on juries, or
bring suit in their own name
+ once married, could not hold property in their
own names
+ deemed by the Supreme Court to have "no legal
existence apart from her husband , who was
regarded as her head and representative in the
social state" (in U.S. as well as in Canada)
» Utilitarian argument: Discrimination (in
employment) is wrong because it is inefficient.
1. Social productivity is optimized to the extent that jobs are awarded
on the basis of competency or "merit": this best promotes the
general welfare.
2. Different tasks require different skills, knowledge, and temperaments.
3. Maximal efficiency will be achieved by assigning to these tasks the
people who most possess the skills knowledge, and temperaments the
jobs require.
4. Selection on grounds other than merit will cause productivity to
decline.
5. Race, sex, & religion (among other things), being generally unrelated
to job performance, have nothing to do with merit.
6. So, assignment of tasks on these other bases -- i.e., discrimination in
employment -- is inefficient.
7. Hence, wrong
» Liberal Objection:
- There’s more to the general welfare than
economic efficiency
- Racial or sexual discrimination might better
promote the general welfare in some cases and
may be warranted in those cases where other
factors outweigh economic efficiency.
- Perhaps assignment on basis of need would be
advantageous -- a kind of economic affirmative
action.
Need is a normative concept- in order to recognize the
existence of a need we have to have some kind of a norm,
or a standard in accordance to which we can measure the
need.
Three conditions have to be present for the need to exist.
Each one is necessary and together they are sufficient:
a) For a need to exist, one has to lack something or being
able to anticipate a lack in something (a particular
object Φ)
b) in order to acknowledge one’s need in Φ, one has to
have a norm, or a standard, in accordance with which
one can measure the desired amount of Φ or a
number of Φ’s.
c) the means to achieve the norm, that is, to fulfill the
need, have to be relevant to the particular need.
» Diminishing returns on enrichment: $10,000 to
me vs. Bill Gates: goods are most beneficial to
those most in need of them.
» Perhaps assignment on basis of race or sex
could be advantageous: loss of productivity
outweighed by benefits of diverse workplaces,
where citizens of all stripes interact & are
culturally enriched.
» Division of labor on sexual lines best promotes the
general welfare:
» Traditional sex roles actually assign tasks most crucial to
the general welfare most efficiently
» Tasks of childcare & homemaking assigned to women,
who are by nature and nurture most suited to these
tasks; being more nurturing, sensitive, & emotional.
(stereotypical thinking)
» Tasks of exercising authority & control over business
matters and money are best assigned to men, who are
by nature most suited to these tasks; being aggressive,
competitive, & rational. (stereotypical thinking)
» Kantian argument: Discrimination is wrong
because it violates a person's basic moral rights.
» Every individual has a right to be treated as an
"end" not merely as a "means".
» Discrimination treats people as means to
whatever ends the discrimination is supposed
to serve, and not as ends.
Bad Old Fashioned Discrimination
(BOFD):
 To keep the negroes/women “in
their place”
 To prevent “race –mixing” and
“mongrelization”
 To preserve the “sanctity of the
home”
Affirmative Action and Reverse Discrimination
To achieve diverse workplaces
To compensate the disadvantaged
Group Exercise: a) Would Kant disagree with both
types of reasons for discrimination? b) Do you find
Affirmative Action justified? Why or why not?
» Rawls’ Argument from the Difference
Principle:
1. The Principle of Equal Opportunity (The Difference
Principle) is a fundamental principle of distributive justice.
2. The Difference Principle is a principle that everyone
would choose from "behind the veil of ignorance“.
3. The DP states: Social and economic inequalities are to
be arranged so that they are attached to offices and
positions open to all under conditions of fair equality of
opportunity.
4. Discrimination violates this principle.
5. Discrimination is unjust.
Argument from the first principle of justice
1. The First Principle of Justice: Individuals who
are equal in all respects relevant to the kind of
treatment in question should be treated
equally.
2. Discrimination violates this principle: race &
gender are generally irrelevant to job
performance.
3. Conclusion: Discrimination is unjust.
» Businesses have strong reasons for
accommodating‫ استيعاب‬women and minorities in
the workplace from a self-interested business
perspective. – Prudential reasons.
» Businesses have strong reasons not to
discriminate against individuals from societal
reasons of the greater good. – Utilitarian
reasons.
» Businesses have the duty not to discriminate
against individuals. – Deontological reasons.