ABSTRACT Whether reverse discrimination is justifiable cannot be determined, it is argued, until what is meant by ‘reverse discrimination’ has been. Recent talk of ‘reverse discrimination’ and ‘discrimination in favour of’ suggests that there are some new sorts of discrimination. But the two qualifications ‘reverse’ and ‘in favour of’ seem often to be confused in so far as it is assumed that reverse discrimination is only in favour of. After noting differences between the use of ‘discrimination’ in fiscal contexts—where the (...) phrase ‘discrimination in favour of’ has an established usage—and in political contexts, a sense of the phrase to fit the latter is proposed: to discriminate in favour of a group is to favour it at the expense of some other group so that the other group is discriminated against. The meaning of the qualification ‘reverse’ is then sought. Ambiguities in the terms ‘reverse’ and ‘compensatory’ are noted. In so far as policies described as being reverse discrimination are genuinely discriminatory, for it is not clear from their characterisation that they need constitute discrimination of any sort, it is only within a historical context that they can be distinguished from the old sort of discrimination. It is thus concluded that there are no new sorts of discrimination. (shrink)

We analyze a frequent but undertheorized form of structural injustice, one that arises due to the difficulty of reaching numerically equitable representation of underrepresented subgroups within a larger group. This form of structural injustice is significant because it could occur even if it were possible to completely eliminate bias and overt discrimination from hiring and recruitment practices. The conceptual toolkit we develop can be used to analyze such situations and propose remedies. Specifically, based on a simple mathematical model, we offer (...) a new argument in favour of quotas, explore implications for policy-making, and consider the wider philosophical significance of the problem. We show that in order to reach more equitable representations, quota-based recruitment may often be practically unavoidable. Assuming that members of groups in statistical minority are more likely to quit due to their marginalization, their proportions can stabilize at a low level, preventing a shift towards more equal representation and conserving the minority status of the subgroup. We show that this argument has important implications for addressing, preventing, and remediating the structural injustice of unfair representation. (shrink)

We analyze a frequent but undertheorized form of structural injustice, one that arises due to the difficulty of reaching numerically equitable representation of underrepresented subgroups within a larger group. This form of structural injustice is significant because it could occur even if it were possible to completely eliminate bias and overt discrimination from hiring and recruitment practices. The conceptual toolkit we develop can be used to analyze such situations and propose remedies. Specifically, based on a simple mathematical model, we offer (...) a new argument in favour of quotas, explore implications for policy-making, and consider the wider philosophical significance of the problem. We show that in order to reach more equitable representations, quota-based recruitment may often be practically unavoidable. Assuming that members of groups in statistical minority are more likely to quit due to their marginalization, their proportions can stabilize at a low level, preventing a shift towards more equal representation and conserving the minority status of the subgroup. We show that this argument has important implications for addressing, preventing, and remediating the structural injustice of unfair representation. (shrink)

This dissertation is a critical examination and rejection of the two principal types of moral justification, the compensatory and noncompensatory, of affirmative action involving preferential treatment for blacks, Hispanics,American Indians, and women in hiring, promotions, andadmissions. Neither of these approaches to the justification of AA, I have argued, is able to defend AA successfully. AA not morally justified. Thus, succeeding compensatory arguments for AA, individualand group oriented, are unable to evade, undermine,or disarm the objections that AA violates the principles of (...) compensatory justice governing who is owed compensation, what compensation is owed, and who owes compensation, and that AA violates the principles of justice and fundamental individual moral rights governing the distribution of such social goods or benefits as desirable and valuable positions. The principles of justice and moral rights violated by AA govern the distribution of social benefits, including desirable positions, and burdens and systematize, unify, and explain correct moral judgments about the injustice of actions, policies, and practices in a variety of contexts of distribution. Moreover, backward-looking or compensatory arguments for AA have the implication that unjust and morally unacceptable compensatory policies that are morally similar to AA would be justified in contexts other than hiring, promotions, and admissions. Furthermore, the noncompensatory justifications of AA, including meritocratic and utilitarian forward-looking arguments, are unable to evade or to undermine the objection that AA violates principles of justice and fundamental individual moral rights and the objection that these attempted justifications of AA have the implication that unjust and morally unacceptable noncompensatory, forward-looking policies that are morally similar to AA would also be justified in contexts other than the standard ones. (shrink)