The article analyses the concept of indirect discrimination, arguing first that existing conceptualisations are unsatisfactory and second that it is best understood as equal treatment that is disadvantageous to the discriminatees because of their group-membership. I explore four ways of further refining the definition, arguing that only an added condition of moral wrongness is at once plausible and helpful, but that it entails a number of new problems that may outweigh its benefits. Finally, I suggest that the moral wrongness of (...) indirect discrimination is best accounted for in terms of the harm it does to discriminatees, and sketch three ways in which it may do so. I conclude that the analysis provides both a clearer understanding of the concept of indirect discrimination as well as indirect support for a harm-based account of the wrongness of discrimination, while suggesting that our moral obligations qua non-discrimination may be more extensive than is frequently assumed. (shrink)

Assigning something to the category “discrimination” is not tantamount to saying that it is wrong, but the assignment is disquieting. Conversely, when conduct is classified as non-discriminatory, one weighty ground to be on the guard is set aside. So we should not talk flippantly about discrimination, but do our best to place moral assessment on the proper pitch. There are two ways of drawing a line between discriminatory and non-discriminatory conduct because there are two competing ways of spelling out a (...) crucial characteristic of discrimination. Whichever way we do it, “discrimination” is a category that cannot be defined with precision. In view of this, discrimination is best conceived as a graded property of action – one which is always, to some extent, part of the picture when someone is treated worse than others. (shrink)

A frequent caveat in online dating profiles – “No fats, femmes, or Asians” – caused an LGBT activist to complain about the bias against Asians in the American gay community, which he called “racial looksism”. In response, he was asked that, if he himself would not date a fat person, why he should find others not dating Asians so upsetting. This response embodies a popular attitude that personal preferences or tastes are simply personal matters – they are not subject to (...) moral evaluation. In this paper, I argue, against this popular attitude, that a personal preference like racial looksism is indeed wrong. A preference like racial looksism is wrong because it is an overgeneralization that disrespects individuality by treating people as exchangeable tokens of one type, and such disrespect denies its objects appreciation that their dignity entitles them to. As it turns out, there is on my account a relevant moral difference between racial looksism and simple looksism. (shrink)

In standard cases of discrimination the interests of the discriminatees are considered comparatively worse than those of others. Accordingly, discrimination is often defined as some form of differential consideration or treatment which, among other features, entails a disadvantage for discriminatees. There are some apparent forms of nonstandard discrimination, however, in which it seems that this need not occur. This paper examines three of them: epistemic discrimination, discrimination against entities unable to be harmed by it and nonhierarchical segregation. If, as it (...) seems, these really are forms of discrimination that means standard definitions may fail or must be reinterpreted. There is a way to account for the mentioned nonstandard forms of discrimination by claiming that all forms of worse consideration or treatment can be considered discriminatory. This, however, entails interpreting the term “worse” in a very broad manner, and some may not find this solution intuitive. Despite this, the paper will argue that alternative accounts entail more serious problems. (shrink)

It is usually accepted that whether or not indirect discrimination is a form of immoral discrimination, it appears to be structurally different from direct discrimination. First, it seems that either one involves the agent focusing on different things while making a decision. Second, it seems that the victim’s group membership is relevant to the outcomes of either sort of action in different ways. In virtue of these two facts, it is usually concluded that indirect discrimination is structurally different from direct (...) discrimination. I argue against the notion that indirect discrimination and direct discrimination have significantly different structures. I first argue that both kinds of discrimination involve similar decision-making processes. Second, I analyze how being in a social group affects personal identity, and from there argue that indirect discrimination and direct discrimination are about group membership similarly. In virtue of these two arguments, I conclude that direct and indirect discrimination are structurally similar. (shrink)