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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

  • 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.
  • 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.
  • 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