Documente Academic
Documente Profesional
Documente Cultură
Discrimination
A person is deprived of some benefit or opportunity because of
membership in some group toward which there is
substantial prejudice
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?
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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
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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
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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
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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©