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BADM 3003

Business Environment &


Ethics
Lecture 11: Discrimination
Instructor: Ahmed Hassanein
Hassanein 2018©

Discrimination
A person is deprived of some benefit or opportunity because of
membership in some group toward which there is
substantial prejudice

Discrimination arises from decisions employers make about


hiring, promotion, pay, fringe benefits… that directly affect
the economic interests of employees.

Discrimination involves decisions that directly affect the


employment status of individuals, & unequal treatment
results from prejudice or some other morally unjustified
attitude against members of a group to which an individual
belongs
Hassanein 2018©

BFOQ
• Bona Fide Occupational Qualification
• Good-enough reasons to request special
qualifications to a particular job
• Absolutely essential, not merely useful
• BOFQ exceptions interpreted very narrowly by
courts
• What are your thoughts on:
– Women in the army?
– Women in max security male prisons?
– Female president?

Hassanein 2018©

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Disparate Treatment & Impact
• Practices that involve no intent to
discriminate but still operate to exclude
members of protected classes unnecessarily
• Can you think of examples?

Hassanein 2018©

Utalitarian Argument
• Discrimination creates an economically
inefficient market (does all discrimination
result in economic inefficiency?)
– “Problematic” religious groups?
– Handicapped?
– Older workers?

Hassanein 2018©

Utalitarian Argument
• Discrimination creates an economically
inefficient market (does all discrimination
result in economic inefficiency?)
• Argue with this:
“in a free market, employers with a taste for
discrimination are liable to be driven out of
business & discrimination should be
reduced/eradicated over time”. Agree?
• Promotion of racism & sexism
Hassanein 2018©

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Kantian Arguments
• Stem from a racist or sexist attitude
• Victims of racism lose dignity
• People treated based on group
characteristics & stereotypes rather than
individual merit

Hassanein 2018©

Justice Arguments
• Discrimination is unjust because
characteristics such as race & sex are
generally irrelevant to the performance of a
job
• Aristotle’s Principle of Justice: “like cases
should be treated alike, and unlike cases
should be treated differently in proportion to
the relevant differences

Hassanein 2018©

Forms of Discrimination
• Discrimination based on Gender
• Religious discrimination
• National origin discrimination
• Age discrimination
• Discrimination against the handicapped

Hassanein 2018©

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To Avoid Discrimination
• Job Analysis:
– Accurate job description detailing tasks to be
performed & responsibilities
– Realistic job specification listing required
qualifications & why
• Recruitment & Selection
– Make sure information about opening available
to all

Hassanein 2018©

Sexual Harassments
• Is sexual harassment a form of
discrimination?
• Forms of sexual harassment: quid pro quo
harassment & hostile working environment
harassment
• Employer’s responsibility for the conduct of
an employee

Hassanein 2018©

Affirmative Action

Reverse discrimination?

Hassanein 2018©

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