Diversity and Discrimination in the Workplace

1
Diversity and Discrimination in the Workplace

• Chapter 6
• Beauchamp and Bowie

2
Discrimination

• Definition
• Dictionary
• Wiki
• Equals are treated unequally OR unequals are
  treated equally

3
Legal Issues

• Title VII of the Civil Rights Act of 1964 forbids
  employment discrimination upon the basis of race,
  color, religion, sex and national origin. 
• There are other federal laws regarding
  discrimination 
• http//www.eeoc.gov/facts/qanda.html

4
If it exists, should discrimination be
addressed? 

• What would Rawls have to say?
• What about a Utilitarian?
• A Libertarian?

5
If discrimination should be addressed, the how?

• Outreach efforts weak affirmative action
• Preferential hiring Strong affirmative action

6
What does the federal government say?

• For federal contractors and subcontractors,
  affirmative action must be taken by covered
  employers to recruit and advance qualified
  minorities, women, persons with disabilities, and
  covered veterans. Affirmative actions include
  training programs, outreach efforts, and other
  positive steps. These procedures should be
  incorporated into the companys written personnel
  policies. Employers with written affirmative
  action programs must implement them, keep them on
  file and update them annually. DOL website

7
Arguments in favor of preferential hiring

• Compensatory justice
• if an injustice has been committed, just
  compensation or reparation is owed to the injured
  party
• Need for diversity
• BSR
• Discrimination is costly
• Griffith University - Australia

8
Arguments against preferential hiring

• granting preferential treatment to groups does
  not address the issue of discrimination against
  individuals
• preferential hiring is a form of reverse
  discrimination and this violates principles of
  justice
• Nagel points out that there is not a negative
  stigma associated with reverse discrimination as
  there was (is) with discrimination - no negative
  or hostile intent
• affirmative action reduces the self esteem of
  people who receive preferential treatment

9
Arguments against preferential hiring (contd)

• no criteria exists for measuring just
  compensation
• employment discrimination is currently not a
  significant problem and can be controlled
• those who have been harmed by past discrimination
  are not longer alive and, as such, cannot be
  compensated

10
Arguments against preferential hiring (contd)

• affirmative action is inefficient and may lead to
  higher costs IF less qualified people get jobs or
  other preferences
• this probably depends upon the situation -
  sometimes the positive impact of affirmative
  action may be long term benefits, especially in
  education
• if diversity is so great, why are only certain
  groups singled out for preference?  (e.g., women
  and minorities)  Why not diversify according to
  other criteria? 

11
Other issues

• There are other forms of discrimination other
  than those based on race, gender, age, etc., but
  they are not illegal. 
• How should business address these forms of
  discrimination?

12
Sexual Harassment

• What is it?
• EEOC
• Must be severe and pervasive

13
Whats so bad about sexual harassment?

• affects job performance
• thus it may affect promotions, raises, etc.
• can cause psychological and physical damage

14
What about freedom of speech?

• While the first amendment restricts the
  government from creating laws "bridging the
  freedom of speech," no court has ever held that
  the right to free speech is absolute. Rather, the
  law recognizes circumstances in which the
  government may lawfully regulate expression,
  including speech that is determined as a matter
  of law to be obscene expression that is
  libelous or slanderous so-called "fighting
  words," which by their very utterance inflict
  injury or tend to incite an immediate breach of
  the peace.

15
What about freedom of speech? (contd)

• Moreover, the first amendment does not guarantee
  unrestricted freedom of speech in the workplace.
  An employer may impose reasonable time, place and
  manner restrictions on expression in an
  employment setting.
• because of the nature of employment, a worker
  cannot avoid the harassing speech
• also, there may be "power hierarchy" involved -
  there may be adverse consequences of complaining
  or taking other action - women also tend to be at
  lower level positions than men

16
BUT. . . .

• as Eugene Volokh argues, political speech may be
  viewed as harassment (by the way, who is David
  Duke and why might you find a David Duke for
  President poster offensive???)
• the terms "severe" and "pervasive" are too vague

17
What do the courts say?

• Meritor Savings Bank v. Vinson is a landmark case
  with respect to sexual harassment