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Chapter Six Hiring, Firing, and Discriminating. Ethical Theory and Business, 6 th Edition Tom L. Beauchamp & Norman E. Bowie. Objectives. After studying this chapter the student should be able to: Analyze the consequences of affirmative action.

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Chapter six hiring firing and discriminating

Chapter SixHiring, Firing, and Discriminating

Ethical Theory and Business, 6th Edition

Tom L. Beauchamp & Norman E. Bowie


Objectives
Objectives

  • After studying this chapter the student should be able to:

    • Analyze the consequences of affirmative action.

    • Contrast strong affirmative action with weak affirmative action.

    • Describe the broad affirmative action categories of outreach efforts and preferential treatment programs.

    • Distinguish between a goal and a quota.

    • Define comparable worth.


Objectives1
Objectives

  • Contrast the labor theory of value with the marginal utility theory.

  • Define quid-pro-quo harassment.

  • Define hostile environment harassment.

  • Characterize what actions constitute sexual harassment.

  • Define sexual favoritism.

  • Explain the significance of the Mentor Savings Bank v. Vinson case.


Overview
Overview

  • Affirmative Action

  • Pay Equity

  • Comparable Worth

  • Sexual Harassment



Thomas nagel
Thomas Nagel

  • “A Defense of Affirmative Action”

  • Professor of Philosophy and Law, NYU School of Law

  • Affirmative action - Positive steps taken to hire persons from groups previously and presently discriminated against.

  • Reverse discrimination - A form of discrimination against male non-minority members due to the effects of affirmative action and racial quotas.


Thomas nagel1
Thomas Nagel

  • Strong affirmative action – Refers to some degree of definite preference for members of protected groups in determining access to positions from which they were formerly excluded.

  • Weak affirmative action – Refers to special efforts to ensure equal opportunity for members of groups that had been subject to discrimination.


Thomas nagel2
Thomas Nagel

  • Objections to strong affirmative action:

    • Inefficient

    • Unfair to people in non-protected groups

    • Damages the self-esteem of the employee

  • Justification for affirmative action


N scott arnold
N. Scott Arnold

  • “Affirmative Action and the Demands of Justice”

  • Professor of Philosophy, University of Alabama Birmingham

  • Two broad affirmative action programs:

    • Outreach efforts – Efforts designed to broaden the search for the best talent.

      • EX: Advertising in minority-targeted media, making extra efforts to review minority applications, attending minority owned business exhibits or special job fairs, etc.


N scott arnold1
N. Scott Arnold

  • Preferential treatment programs – Taking race, gender, or ethnicity into account as a positive factor in awarding of contracts, in hiring, or in admissions.

    • EX: Minority set-asides and preferential hiring.

  • Defensive preferential hiring programs

    • Disparate impact

    • Business necessity defense


N scott arnold2
N. Scott Arnold

  • Minority set-aside programs

  • Preferential treatment in hiring

    • Court-ordered programs

    • Preferential hiring under executive orders

  • Griggs v. Duke Power

  • Ward’s Cove Packing Co. v. Antonio

  • 80 percent (s) rule


Tom l beauchamp
Tom L. Beauchamp

  • “Goals and Quotas in Hiring and Promotion”

  • First school approach – Stands in opposition to quotas

  • Second school approach – Supports strong affirmative action

  • Unintentional discrimination through institutional practices


Tom l beauchamp1
Tom L. Beauchamp

  • Reasons businesses should implement goals and quotas:

    • Improved workforce.

    • Maintenance of a bias-free corporate environment.

    • Congeniality to managerial planning.



Judith m hill
Judith M. Hill

  • “Pay Equity”

  • Arguments for pay equity:

    • People should be treated equally, except when there is a morally relevant reason for treating them differentially.

    • The mere fact that employees are doing different kinds of work, as such, is not a morally relevant reason for treating them differentially.


Judith m hill1
Judith M. Hill

  • The fact that the people involved have consented to differential treatment--e.g. to work for a relatively low salary--is not sufficient reason for differential treatment.



Ellen frankel paul
Ellen Frankel Paul

  • “Resolving the Debate over Comparable Worth: Some Philosophical Considerations”

  • Professor of Political Science, Bowling Green State University

  • Comparable worth - Providing comparable pay for work of comparable value

  • Labor theory

  • Marginal utility theory


Ellen frankel paul1
Ellen Frankel Paul

  • Letting the market system set wages

  • Setting wages using central boards

  • Equality of opportunity v. equality of results



Andrew altman
Andrew Altman

  • “Making Sense of Sexual Harassment Law”

  • Governing directives/guidelines:

    • Title VII of the Civil Rights Act of 1964

    • State fair employment practice laws

    • Local ordinances

    • Tort claims


Andrew altman1
Andrew Altman

  • Quid-pro-quo harassment - A form of sexual harassment that consists of unwelcome sexual advances, demands, or propositions, acceptance of which is made a condition of obtaining some employment-related benefit or avoiding some employment-related harm.


Andrew altman2
Andrew Altman

  • Hostile environment harassment - A form of sexual harassment that consists of unwelcome sexual conduct that unreasonably interferes with work performance or creates a sufficiently hostile or offensive work environment.

    • Determining variables

      • Unreasonable interference with job performance

      • Frequency of harassing conduct

      • Severity of harassing conduct

    • Unwelcomeness criteria


Andrew altman3
Andrew Altman

  • Sexual favoritism - When a supervisor gives a job benefit to an employee in return for her/his willingness to perform sexual favors.

    • Sexual favoritism is not considered a form of sexual discrimination.


Vaughana macy feary
Vaughana Macy Feary

  • “Sexual Harassment: Why the Corporate World Still Doesn’t ‘Get It’ ”

  • Philosophy and Women's Studies, Fairleigh Dickinson University

  • Moral reasons for taking sexual harassment in the workplace seriously:

    • Sexual harassment is morally wrong because it physically and psychologically harms victims, and because environments that permit sexual harassment seem to encourage such harms.


Vaughana macy feary1
Vaughana Macy Feary

  • Sexual harassment violates privacy rights

  • Historical and causal correlations between sexual harassment and discrimination

  • Sexual harassment violates liberty rights

  • Sexual harassment violates rights to fair equality of opportunity


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