Employee Job Description 1

IssuesIssues

Employment DiscriminationEmployment Discrimination Affirmative ActionAffirmative Action

Ethical AnalysisEthical Analysis

Utilitarian:Utilitarian: net social benefits are net social benefits are maximized when employment decisions are maximized when employment decisions are based on legitimate, job-related factorsbased on legitimate, job-related factors– Example: The person with the best Example: The person with the best

qualifications gets the jobqualifications gets the job– With discrimination, this doesn’t happenWith discrimination, this doesn’t happen– Therefore, employment discrimination is Therefore, employment discrimination is

unethical on utilitarian groundsunethical on utilitarian grounds


Rights:Rights: Is there a moral right to engage in Is there a moral right to engage in employment discrimination? Or do people employment discrimination? Or do people have a moral right to be free from have a moral right to be free from discrimination, thereby creating a moral discrimination, thereby creating a moral duty not to discriminate?duty not to discriminate?– To answerTo answer


Rights: Rights: – Reversibility: I wouldn’t like it if I were Reversibility: I wouldn’t like it if I were

victimized by employment discriminationvictimized by employment discrimination– Universalizability: I can’t imagine a world in Universalizability: I can’t imagine a world in

which all employment decisions were based on which all employment decisions were based on false stereotypes and prejudice instead of false stereotypes and prejudice instead of legitimate, job-related factorslegitimate, job-related factors


Rights: (cont’d.):Rights: (cont’d.):– Respect / Free Consent: employment Respect / Free Consent: employment

discrimination does not treat the victim of the discrimination does not treat the victim of the discrimination with respect; the victim has not discrimination with respect; the victim has not freely consented to be discriminated againstfreely consented to be discriminated against

– Therefore, there is no moral right to engage in Therefore, there is no moral right to engage in employment discriminationemployment discrimination

– Instead, people have a moral right to be free Instead, people have a moral right to be free from discrimination, which creates the moral from discrimination, which creates the moral duty not to engage in discriminationduty not to engage in discrimination


Distributive Justice:Distributive Justice: Is employment Is employment discrimination fair? Does it produce a fair discrimination fair? Does it produce a fair distribution of benefits and costs?distribution of benefits and costs?– Egalitarianism: no reason to believe Egalitarianism: no reason to believe

discrimination produces an equal distribution of discrimination produces an equal distribution of good and harmgood and harm

– Capitalism: discrimination ignores Capitalism: discrimination ignores contributionscontributions


Distributive Justice (cont’d.):Distributive Justice (cont’d.):– Socialism: discrimination ignores abilities and Socialism: discrimination ignores abilities and

needs (victims of discrimination likely to be needs (victims of discrimination likely to be among the needy)among the needy)

– Libertarianism: the victims of discrimination Libertarianism: the victims of discrimination have not freely chosen to be among the have not freely chosen to be among the victimizedvictimized


Distributive Justice (cont’d.):Distributive Justice (cont’d.):– Rawls’s Principles:Rawls’s Principles:

• Equal Liberty Principle: Discrimination does not Equal Liberty Principle: Discrimination does not provide equal libertiesprovide equal liberties

• Equal Opportunity Principle: Discrimination does Equal Opportunity Principle: Discrimination does not provide equal opportunitiesnot provide equal opportunities

• Difference Principle: Discrimination does not help Difference Principle: Discrimination does not help those in need as much as possiblethose in need as much as possible

– Therefore, employment discrimination is unfair Therefore, employment discrimination is unfair and therefore unethicaland therefore unethical


Ethics of Care:Ethics of Care: – A manager has a relationship with:A manager has a relationship with:

• Stockholders who have entrusted their investments Stockholders who have entrusted their investments with managementwith management

• Customers who want good products and good Customers who want good products and good services at good pricesservices at good prices

• Employees who want the company to be successful Employees who want the company to be successful so they can get good pay and benefitsso they can get good pay and benefits


Ethics of Care (cont’d.):Ethics of Care (cont’d.):– A manager who doesn’t make employment A manager who doesn’t make employment

decisions on the basis of legitimate, job-related decisions on the basis of legitimate, job-related factors:factors:

• Doesn’t hire the best qualifiedDoesn’t hire the best qualified• Doesn’t create incentives for good job performanceDoesn’t create incentives for good job performance

– Result: higher costs, which threatens Result: higher costs, which threatens stockholders, customers, and employeesstockholders, customers, and employees

– Therefore, employment discrimination is Therefore, employment discrimination is unethicalunethical


Virtue Ethics:Virtue Ethics:– A manager who engages in discrimination can A manager who engages in discrimination can

be described as bigoted, biased, racist, sexist, be described as bigoted, biased, racist, sexist, and so forthand so forth

– These character traits are vices, not virtuesThese character traits are vices, not virtues– Therefore, employment discrimination is Therefore, employment discrimination is

unethicalunethical

All 5 moral principles reach the same All 5 moral principles reach the same conclusion: discrimination is unethicalconclusion: discrimination is unethical

US LawUS Law

Because employment discrimination is Because employment discrimination is unethical, US law makes it illegal when it is unethical, US law makes it illegal when it is based on:based on:– Race, Color, Religion, Sex, National Origin, Race, Color, Religion, Sex, National Origin,

Age (if 40 or older), & DisabilityAge (if 40 or older), & Disability– Unless an exception appliesUnless an exception applies

• Example: Bona Fide Occupational Qualification Example: Bona Fide Occupational Qualification (BFOQ)(BFOQ)

– Example: Hire a “lap dancer” in a sex clubExample: Hire a “lap dancer” in a sex club– Example: Hooters?Example: Hooters?

Sexual HarassmentSexual Harassment

Equal Employment Opportunity Equal Employment Opportunity Commission (EEOC) definition:Commission (EEOC) definition:– See Velasquez, pp. 392See Velasquez, pp. 392–393–393– 2 Main Types of Sexual Harassment:2 Main Types of Sexual Harassment:

• Quid pro quo: This for thatQuid pro quo: This for that

• Hostile environmentHostile environment

Sexual HarassmentSexual Harassment

Ethical Analysis:Ethical Analysis:– UtilitarianUtilitarian– Rights (apply Kant)Rights (apply Kant)– Distributive JusticeDistributive Justice– CareCare– VirtueVirtue

Affirmative ActionAffirmative Action

Examples of Hiring Policies:Examples of Hiring Policies:– Equal Employment Opportunity (EEO)Equal Employment Opportunity (EEO)– Take extra steps to get a pool of well qualified Take extra steps to get a pool of well qualified

applicants from all groupsapplicants from all groups– Use membership in a group victimized by past Use membership in a group victimized by past

discrimination as a tie breakerdiscrimination as a tie breaker– Use membership in a group victimized by past Use membership in a group victimized by past

discrimination as a plus factordiscrimination as a plus factor– Quotas / Preferences / Set-AsidesQuotas / Preferences / Set-Asides


Arguments in favor of affirmative action:Arguments in favor of affirmative action:– Compensatory justiceCompensatory justice– Morally justified means to morally justified Morally justified means to morally justified

endsends– Speeds the process of correcting the effects of Speeds the process of correcting the effects of

past discriminationpast discrimination


Arguments against affirmative action:Arguments against affirmative action:– Reverse discriminationReverse discrimination– Not compensatory justice due to mismatchNot compensatory justice due to mismatch– Hurts the people it means to helpHurts the people it means to help

Career

Employee Job Description 1