Chapter Six Hiring, Firing, and Discriminating

1. Chapter SixHiring, Firing, and Discriminating Ethical Theory and Business, 6th Edition Tom L. Beauchamp & Norman E. Bowie

2. 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.

3. 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.

4. Overview • Affirmative Action • Pay Equity • Comparable Worth • Sexual Harassment

5. Affirmative Action

6. 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.

7. 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.

8. 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

9. 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.

10. 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

11. 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

12. 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

13. Tom L. Beauchamp • Reasons businesses should implement goals and quotas: • Improved workforce. • Maintenance of a bias-free corporate environment. • Congeniality to managerial planning.

14. Pay Equity

15. 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.

16. 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.

17. Comparble Worth

18. 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

19. Ellen Frankel Paul • Letting the market system set wages • Setting wages using central boards • Equality of opportunity v. equality of results

20. Sexual Harassment

21. 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

22. 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.

23. 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

24. 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.

25. 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.

26. 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