Unjustifiable assumptions about sex and gender roles, the untamable potency of maleness, and gynophobic notions about women's bodies inform and influence a broad range of policy-making institutions in this society. In December 2004, the U.S. Court of Appeals for the Sixth Circuit continued this ignoble cultural pastime when they decided Everson v. Michigan Department of Corrections. In this decision, the Everson Court accepted the Michigan Department of Correction's claim that “the very manhood” of male prison guards both threatens the safety (...) of female inmates and violates the women's “special sense of privacy in their genitals” and declared that sex-specific employment policies for prison guards is not impermissibly discriminatory. I believe that the Court's decision relies on unacceptable stereotypes about sex, gender and sexuality and it significantly undermines Title VII's power to end discriminatory employment practices. (shrink)

In this paper I consider the role of freedom in the justification of prohibitions on discrimination. As a case study, I focus mainly on U.S. constitutional and employment law and, in particular, restrictions on sex-stereotyping. I present a new argument that freedom can play at least some important role in justifying these restrictions. Not just any freedom, I claim: the Millian freedom to challenge existing stereotypes and contribute to social change. This ‘social change account’, I argue, can be (...) a useful supplement to the existing theories where their explanations run out. It also draws support from familiar liberal justifications for speech and other liberties, and provides an attractive role for the courts. (shrink)

B Shaw; Sex Discrimination in Education: theory and practice, Journal of Philosophy of Education, Volume 13, Issue 1, 30 May 2006, Pages 33–40, https://doi.org/.

Sandra Acker; Sex Discrimination in Education: a reply to Shaw, Journal of Philosophy of Education, Volume 15, Issue 1, 30 May 2006, Pages 107–118, https://doi.

ABSTRACT The public controversy over sex‐based differentials in insurance pricing makes heavy use of terms like ‘fairness’ and ‘discrimination’; in particular, both sides argue that their position is the one dictated by considerations of fairness. Appeal to a basic principle of distributive justice shows that these differentials are not fair. Nevertheless, there is a substantial ethical argument to be made for the industry's status quo, based on the liberty of the low‐risk insurees. The paper considers an alternative reform proposal, (...) with a qualitatively different freedom cost; seven factors are then identified as useful in evaluating the trade‐off between the freedom and justice at stake in any questionable insurance classification variable. A brief concluding section attempts to generalise this analysis to provide a broad framework for the analysis of other discrimination issues. (shrink)

The concept of non-discrimination has been central in the feminist challenge to gendered violence within international human rights law. This article critically explores non-discrimination and the challenge it seeks to pose to gendered violence through the work of Judith Butler. Drawing upon Butler’s critique of heteronormative sex/gender, the article utilises an understanding of gendered violence as effected by the restrictive scripts of sex/gender within heteronormativity to illustrate how the development of non-discrimination within international human rights law renders (...) it ineffective to challenge gendered violence due to its own commitments to binarised and asymmetrical sex/gender. However, the article also seeks to encourage a reworking of non-discrimination beyond the heteronormative sex binary through employing Butler’s concept of cultural translation. Analysis via the lens of cultural translation reveals the fluidity of non-discrimination as a universal concept and offers new possibilities for feminist engagement with universal human rights. (shrink)

When passed, the Equal Pay Act and Title VII of the Civil Rights Act established two distinct views of employment discrimination and two different enforcement structures—one aimed at sex and the other at race discrimination. To explain this bifurcated approach to employment discrimination, it is necessary to examine not only social class but also gender and race relations. Sex and race discrimination bills addressed some of the problems of postwar capitalism in the United States. (...) At the same time, however, the bifurcated discrimination policy enforced women's dependence on men in families. But it did this differently for white men than it did for men of color. (shrink)

Title VII of the 1964 Civil Rights Act forbids discrimination in employment on the basis of race, color, religion, national origin — and sex. Although the sex provision was treated as a joke at the time (and was originally introduced by a Southern Congressman in an attempt to defeat the bill), the Equal Employment Opportunities Commission (EEOC) — charged with enforcing the Act — discovered in its first year of operation that 40% or more of the complaints (...) warranting investigation charged discrimination on the basis of sex. According to a report by the EEOC, nearly 6,000 charges of sex discrimination were filed with that agency in 1971 alone, a 62% increase over the previous year. Title VII extends as well to practices which aid and abet discrimination. For example, the Act forbids job advertisements from indicating a preference for one sex or the other unless sex is a bona fide occupational qualification for employment. In interpreting this provision, the EEOC has ruled that even the practice of labeling help-wanted columns as "Male" or "Female" should be considered a violation of the law. (shrink)

The first of three commentaries on “A Defense of Genetic Discrimination,” from the July‐August 2013 issue.

Job evaluation systems are becoming increasingly important in Europe to counter sex‐discrimination, but evaluation criteria can themselves be discriminatory. Dr Jeanne de Bruijn is Professor in Women and Policy at the Free University of Amsterdam.

Job evaluation systems are becoming increasingly important in Europe to counter sex‐discrimination, but evaluation criteria can themselves be discriminatory. Dr Jeanne de Bruijn is Professor in Women and Policy at the Free University of Amsterdam.

Employers sometimes use personality tests in hiring or specifically look for candidates with certain personality traits such as being social, outgoing, active, and extraverted. Therefore, they hire based on personality, specifically extraversion in part at least. The question arises whether this practice is morally permissible. We argue that, in a range of cases, it is not. The common belief is that, generally, it is not permissible to hire based on sex or race, and the wrongness of such hiring practices is (...) based on two widely accepted principles: the Relevance Principle and the Fairness Principle. The Relevance Principle states that hiring should be based on what is relevant to job performance, while the Fairness Principle states that hiring should be based on features that individuals can control. Since hiring based on sex or race violates these principles, it is wrong. However, we argue that, in a range of cases, hiring based on extraversion also violates these principles, and assuming the validity of the Relevance and the Fairness Principles, it follows that personality discrimination is morally wrong in those cases. (shrink)

Ethical decisions are contextualized in the dialectic of a multidimensional system, including situation, setting, culture, and generation. There may be further gaps between the ethical considerations of professionals and folk values. The experience of promoting equal opportunities in Hong Kong illustrates some of these challenges. Whereas the rule of law under a Western legal system advocates human rights, the traditional emphasis on harmony and preference for balancing in conflict resolution underlie the gaps in the interpretation of these ideals. The case (...) of the Hong Kong secondary school places allocation system highlights the conflicting perspectives of law, gender stereotypes, psychological knowledge, as well as ethical principles of justice and fairness in promoting equal opportunities in educational assessment and placement. The cultural perspective highlighted in this case illustrates the complex contexts of ethical decisions. (shrink)

Knowing the theory of gender that a court is using to understand and assess the issues in a case is vital to ensuring that women are afforded their full rights under the law. Unfortunately, courts often do not explicitly state what understanding of gender is informing their decisions. An exception is found in employment law: specifically, the bona fide occupational qualification (BFOQ) exception to Title VII of the Civil Rights Act, which allows employers to engage in sex-based discrimination (...) in those instances in which the sex of the employee is a reasonably necessary qualification for the job. In these cases, because the court must analyze how “manness” or “womanness” impacts one's qualification to hold certain kinds of employment, the court must articulate its understanding of gender. This paper examines two BFOQ cases in the cross-gender prison guard context, those cases in which an individual of one sex seeks to guard inmates of the opposite sex. In these cases the courts created a theory of gender that posits men and women as different in kind. The theory developed in this line of cases is an attack on Title VII protections and a potential barrier to women's equality under the law. (shrink)

Markets, it is sometimes said, are hard on discrimination. An employer who finds himself refusing to hire qualified blacks and women will, in the long run, lose out to those who are willing to draw from a broader labor pool. Employer discrimination amounts to a self-destructive “taste” – self-destructive because employers who indulge that taste add to the costs of doing business. Added costs can only hurt. To put it simply, bigots are weak competitors. The market will drive (...) them out.On this account, the persistence of employment discrimination on the basis of race and sex presents something of a puzzle. And if markets are an ally of equality and a foe of employment discrimination, perhaps discrimination persists because of something other than markets. Perhaps labor unions are to blame; perhaps the real culprit is the extensive federal regulation of the employment market, including minimum-wage and maximum-hour laws and unemployment compensation. If competitive markets drive out discrimination, the problem for current federal policy lies not in the absence of aggressive anti-discrimination law, but instead in the absence of truly competitive markets.If this account is correct, the prescription for the future of anti-discrimination law is to seek ways to free up employers from the wide range of governmental disabilities – including, in fact, anti-discrimination law itself. The argument seems to be bolstered by the fact that some groups subject to past and present prejudice – most notably, Jews and Asian-Americans – have made substantial progress in employment at least in part because of the operation of competitive markets. (shrink)

In many jurisdictions the list of factors for which anti-discrimination law applies has been expanded to include sexual orientation. As a result, moral and legal difficulties have arisen for religious organizations whose basic beliefs include the belief that sexual acts between persons of the same sex are immoral. In light of these difficulties, is anti-discrimination law of this sort unjust? Recently John Finnis has argued that, as commonly applied, such anti-discrimination law is disproportionate and therefore unjust. In (...) this essay, I critically examine Finnis’s argument, and argue that, on account of the conception of disproportionateness that is employed, it does not succeed. So as to enable the argument from disproportionateness to succeed, I develop and defend a modified conception of disproportionateness. -/- . (shrink)

This paper examines the problem of selecting a number of candidates to receive a good (admission) from a pool in which there are more qualified applicants than places. I observe that it is rarely possible to order all candidates according to some relevant criterion, such as academic merit, since these standards are inevitably somewhat vague. This means that we are often faced with the task of making selections between near-enough equal candidates. I survey one particular line of response, which says (...) that we should allow our choice of borderline candidates to be guided by non-relevant criteria such as gender-balancing. I argue that this would not, as commonly objected, be a case of sex discrimination if it is to be applied either in favour of men or women. Nonetheless, I argue that such policies are problematic because they violate the demand for publicity, which is required for legitimacy and to assure everyone that discrimination has not in fact taken place. Instead, I suggest that, if we are concerned to avoid discrimination, there may be a case for using lotteries as tie-breakers, not on grounds of fairness but to prevent taint of bias. (shrink)

abstract This paper examines the problem of selecting a number of candidates to receive a good (admission) from a pool in which there are more qualified applicants than places. I observe that it is rarely possible to order all candidates according to some relevant criterion, such as academic merit, since these standards are inevitably somewhat vague. This means that we are often faced with the task of making selections between near‐enough equal candidates. I survey one particular line of response, which (...) says that we should allow our choice of borderline candidates to be guided by non‐relevant criteria such as gender‐balancing. I argue that this would not, as commonly objected, be a case of sex discrimination if it is to be applied either in favour of men or women. Nonetheless, I argue that such policies are problematic because they violate the demand for publicity, which is required for legitimacy and to assure everyone that discrimination has not in fact taken place. Instead, I suggest that, if we are concerned to avoid discrimination, there may be a case for using lotteries as tie‐breakers, not on grounds of fairness but to prevent taint of bias. (shrink)

This study replicates and extends previous work by Oppenheimer and Wiesner [1990, Sex discrimination: Who is hired and do employment equity statements make a difference? Proceedings of the 11th Annual Conference of the Administrative Sciences Association of Canada, Personnel and Human Resources Division], and examined the effects of minority qualifications on hiring decisions, the effects of employment equity directives when minority candidates are less qualified and the effects of different types and strengths of employment equity directives (...) on hiring decisions. The results indicate that when employment equity is in place, people are increasingly more likely to hire underrepresented group members, to the extent that they are more qualified. Men appear to be treated in a positively biased manner, and are more likely to be hired when they are less qualified. Women are less likely to be hired when they are under-qualified, and in the absence of employment equity directives or when there is a suggestion that women are underrepresented. Moreover, when employment equity directives are strengthened, there appears to be a subtle backlash for women but not for men. (shrink)

This book is about how the systematic application of some basic principles of applied ethics yields some surprising and very unpopular results. In particular, Kershnar investigate three areas: sex, discrimination, and violence. The book argues that the following are some permissible in theory and practice. (1) Adult-child sex (2) Watching rape-pornography (3) State universities discriminating against women (4) The U.S. denying welfare to immigrants (5) Interrogational torture (6) Assassination In addition, the book argues that different races likely have different (...) per capita moral value and that equal opportunity is not valuable. These controversial conclusions will no doubt spur animated and thoughtful discussion amongst readers. (shrink)

We examine whether sex discrimination contributes to the underrepresentation of female executives in large corporations. China’s strong cultural preference for sons has made newborn boys greatly outnumber newborn girls. Using the male-to-female sex ratio at birth as the proxy for discrimination against women, we find that firms headquartered in more discriminatory areas hire fewer female executives. Even conditional on a woman reaching an executive position, she faces a higher likelihood of dismissal and receives lower compensation than her male (...) counterparts. Overall, our findings suggest that sex discrimination plays an important role in preventing women from climbing the corporate ladder. (shrink)

The purpose of this article is to argue in favor of a private employer’s right to discriminate amongst job applicants on any basis he chooses, and this certainly includes unlawful characteristics such as race, sex, national origin, sexual preference, religion, etc. John Locke and many after him have argued that people have natural rights to life, liberty, and property or the pursuit of happiness. In this view, law should be confined to protecting these rights and be limited to prohibiting other (...) people from transgressing those rights. The law should not hinder an employer’s ability to discriminate, any more than it should compel people to marry against their wishes. These laws generally emerge from a moral perspective that people think should be imposed on everyone else. But those who don’t welcome those morals are in effect being coerced to abide by them against their will; this is unethical. Finally, it will be argued that the free market has mechanisms by which discrimination will, be rendered powerless to harm its victims. (shrink)

Midway between the unintelligible and the commonplace, it is metaphor which most produces knowledge. In the struggle for the recognition of gay and lesbian marriage equality in the United States, advocates often employ arguments analogizing the prohibitions against same-sex civil marriages as equally invalid as those that forbid legally interracial marriages.1 Whether it be in legal briefs, oral arguments, media appearances, or everyday conversations, more often than not, the legitimacy of gay and lesbian claims to equal protection before the law (...) turn on the question of the perceived similarities between discrimination based on race and that based on sexual orientation.2 As with other forms of legal.. (shrink)

Directive 2002/73 enacted by the Council and Parliament of the European Union introduces substantial and procedural amendments to the European Community's `old' Equal Treatment Directive 76/207, providing, in particular, clarification of the definitions of concepts such as direct and indirect discrimination and harassment. Yet, while the European Commission has praised the progressive nature of the new European legislation, a critical assessment of its provisions reveals some serious shortcomings and a host of missed opportunities. Although the new Directive generally reflects (...) the spirit of the case law of the E.C.J., it does so without any originality or pro-activism meaning that the European legislature has once again left the initiative of pursuing sex equality in the E.U. to the Court. (shrink)

This paper explores the psychological phenomena of sex stereotypes and their consequences for the occurrence of sex discrimination in work settings. Differential conceptions of the attributes of women and men are shown to extend to women and men managers, and the lack of fit model is used to explain how stereotypes about women can detrimentally affect their career progress. Commonly-occurring organizational conditions which facilitate the use of stereotypes in personnel decision making are identified and, lastly, data are provided demonstrating (...) the way in which affirmative action programs and practices can act to promote the stereotyping of women suggesting, that rather than being a remedy for sex discrimination, such programs might in fact be another contributor to the problem. Conclusions focus on the importance of attending to the role sex stereotypes play in hindering women's career progress when procedures to combat sex discrimination in organizations are designed and implemented. (shrink)

This research explored the influencing factors of gender swapping among female players in online games and their impact on online gaming behavior. Based on an online survey of 3,658 female players in China, we found that perceived benefits and the Tanbi tendency, a psychological indulgence in enjoying novels, comics, or series on love and sex between attractive males, were the most important factors for female players to employ male avatars. Sexual orientation, perceived anonymity, and perceived tolerance also had a significant (...) influence on gender swapping. Different from the practical benefits perceived by men who use female avatars in online games, the perceived benefit for female players who use male avatars was to avoid gender discrimination. In order to obtain more freedom and fairer treatment, they chose male avatars for a better experience. Female players with a higher degree of gender swapping showed a stronger aggressiveness and dominant “hyper-masculinity” behavior tendency in the game. Though online virtual worlds may be a convenient place for females to experience gender equality through gender swapping, the findings of this study suggest that gender swapping in games may, to some extent, perpetuate or even reinforce gender stereotypes in the real world. (shrink)

Are there sex differences in pain? For experimentally delivered somatic stimuli, females have lower thresholds, greater ability to discriminate, higher pain ratings, and less tolerance of noxious stimuli than males. These differences, however, are small, exist only for certain forms of stimulation and are affected by many situational variables such as presence of disease, experimental setting, and even nutritive status. For endogenous pains, women report more multiple pains in more body regions than men. With no obvious underlying rationale, some painful (...) diseases are more prevalent among females, others among males and, for many diseases, symptoms differ between females and males. Sex differences in attitudes exist that affect not only reporting, coping, and responses to treatment, but also measurement and treatment. So many variables are operative, however, that the most striking feature of sex differences in reported pain experience is the apparent overall lack of them. On the other hand, deduction from known biological sex differences suggests that these are powerful sex differences in the operation of pain mechanisms. First, the vaginal canal provides an additional route in women for internal trauma and invasion by pathological agents that puts them at greater risk for developing hyperalgesia in multiple body regions. Second, sex differences in temporal patterns are likely to give rise to sex differences in how pain is and stimuli are interpreted, a situation that could lead to a greater variability and wider range of pains without obvious peripheral pathology among females. Third, sex differences in the actions of sex hormones suggest pain-relevant differences in the operation of many neuroactive agents, opiate and nonopiate systems, nerve growth factor, and the sympathetic system. Thus, while inductive analysis of existing data demonstrate more similarities than differences in pain experience between females and males, deductive analysis suggests important operational sex differences in its production. (shrink)

The surge in genetic research and technology, fuelled in large part by the Human Genome Project, has resulted in the continuing expansion of the range of genetic tests and other genetic information available to physicians, insurance companies, employers, and the general public.’ Genetic tests can provide presymptomatic medical information about an individual, including information about an individual's increased risk of future disease, disability, or early death. These tests can reveal information about an individual's carrier status, that is, the likelihood of (...) parents passing on to their children a genetic condition, and about the health of the individual's family members. Although genetic information provides the promise of early detection and treatment of certain illnesses and disorders, it also poses risks. As a result of the increase in genetic testing and information, legal issues regarding employment discrimination on the basis of genetic information are emerging. (shrink)

When widespread use of sex‐selective abortion and sex selection through assisted reproduction lead to severe harms to third parties and perpetuate discrimination, should these practices be banned? In this paper I focus on India and show why a common argument for a ban on sex selection fails even in these circumstances. I set aside a common objection to the argument, namely that women have a right to procreative autonomy that trumps the state's interest in protecting other parties from harm, (...) and argue against the ban on consequentialist grounds. I perform a pairwise comparative analysis of sex selection and its plausible alternatives and argue that that the ban fails to improve the state of affairs relative to a scenario without a ban. The ban makes the situation worse, especially for mothers and their daughters. India should therefore repeal its ban on sex selection. (shrink)

The surge in genetic research and technology, fuelled in large part by the Human Genome Project, has resulted in the continuing expansion of the range of genetic tests and other genetic information available to physicians, insurance companies, employers, and the general public.’ Genetic tests can provide presymptomatic medical information about an individual, including information about an individual's increased risk of future disease, disability, or early death. These tests can reveal information about an individual's carrier status, that is, the likelihood of (...) parents passing on to their children a genetic condition, and about the health of the individual's family members. Although genetic information provides the promise of early detection and treatment of certain illnesses and disorders, it also poses risks. As a result of the increase in genetic testing and information, legal issues regarding employment discrimination on the basis of genetic information are emerging. (shrink)

Research providing consistent evidence of pervasive discrimination against overweight job applicants and employees in the American workplace raises important questions for organizational stakeholders. To what extent is the disparate treatment of job applicants or employees based on their weight ethically justified? Are there aspects of weight discrimination that make it more acceptable than discrimination based on other characteristics, such as race or gender? What operational steps can employers take to address concerns regarding the ethical treatment of overweight (...) individuals in the workplace? This article investigates these and related questions. Its purpose is to provide information and analysis that will assist organizations in formulating ethical responses to a widespread phenomenon: weight discrimination in the workplace. Although its focus is the American workplace, the proposed employer ethical obligations and the practical guidance that is provided are viewed as generalizing across countries and cultures. (shrink)

The neologism ‘sexist’ has gained entry to an Oxford Dictionary, The Advanced Learner's Dictionary of Current English, third edition , where it is defined as ‘derisive of the female sex and expressive of masculine superiority’. Thus ‘sexpot’ and ‘sex kitten’, which are still defined in exclusively feminine terms in the fifth edition of The Concise Oxford Dictionary , have finally met their lexicographical match. This point about current English usage has of course a serious, and general, application. For language reflects, (...) when it does not direct, prevailing social conceptions. Thus it is not accidental that there is no masculine counterpart to the word ‘feminism’. ‘Male chauvinism’, the nearest we have come to coining one, is more emotive than descriptive and so involves ambiguity; while ‘sexism’, even when it is given an exclusively masculine connotation, is still, formally, sexually neutral. ‘Feminism’, by contrast, unequivocally denotes the striving to raise women to an equality of rights and status with men. It has been suggested, it is true, that there were inchoate feminist movements or tendencies in the ancient Greek world, for example in the Classical Athens of Aristophanes and Plato . But feminism in the modern sense did not really emerge before the eighteenth century; and in Britain, for instance, it was only with the passage in 1975 of the Employment Protection, Equal Pay and Sex Discrimination Acts that women raised themselves on to an all but equal footing with their male fellows — at any rate in the technical, juridical sense. (shrink)

Changes in immigration policy and legislation have the power to shape and alter the gendering of migration in significant ways, and can have a dramatic effect on the lives and relationships of the men, women and families involved. In this paper, we examine the provisions of the new Immigration Act introduced in South Africa in 2002. The Act, which replaces the outdated Aliens Control Act of 1991, gives considerable cause for concern on gender grounds. Foremost, the Act entrenches a system (...) of male-dominated regional labour migration that has its origins in the 19th-century discovery of gold and diamonds. The male bias in the work permit and other employment-based categories along with the limits to family reunification for those entering for work are likely in effect to discriminate against women to a greater extent than men. While similar gender concerns are common to most immigration policy regimes around the world, the particular circumstances of the South African case, where both skilled and unskilled migration streams are heavily male-dominated, makes them especially acute here. This paper contextualizes migration regimes in South Africa and examines in detail the likely implications of the new Immigration Act. (shrink)

This study was conducted from May to June 2005 to describe the demographic characteristics and factors that affect the VCT acceptance as well as the HIV prevalence among youth VCT acceptors in Addis Ababa. Both quantitative and qualitative methods of data collection were employed. The quantitative data was generated from a two years (October 2002 to December 2004) VCT service utilization data obtained from four youth centers located in Addis Ababa. The data was analysed using univariate and multivariate analysis and (...) results were presented in the form of text, table and figures. The significance and level of associations between independent and dependant variables was computed using X2 tests and odds ratios with 95% confidence interval. The qualitative data was presented in a form of narrations using excerpts. During the period a total of 3220, youth age 15 - 24 years have sought VCT service from the four youth centres VCT service outlets. Higher proportions of females (60.2%) and youth in the age category of 20 – 24 years (58.0%) have accessed the service. The major reasons given for seeking VCT were found to be similar for male and female acceptors. About 71.2% said that they sought for VCT service because they wanted to know their HIV status, 9.5% reported because they were suspicious of being infected with HIV and 5.0% tested because they wanted to go aboard. The HIV prevalence rate is found to be significantly higher, (p = 0.00), among females 9.2 % than in males 1.7 %. Gender segregated multivariate analysis of risk factors indicated significant association of HIV infection with lack of formal education for both males and female: for males P= 0.045, OR = 18.3, 95% CI: 1.1 – 317.7 and for females P=0.00, OR=19.4, 95 % CI: 5.1 – 73.8. Additionally for females HIV infection is markedly associated with being widowed and commercial sex worker. The most common barrier for youth in Addis from accessing VCT were found to be: fear of being emotionally affected if found out HIV positive, stigma and discrimination, lack of money to pay for VCT service, absence of care and support services for people who are already infected. The challenges encountered by youth VCT counsellors were stress, absence of medical care for PLWHA, inadequacy of budget, lack of counsellors and supportive supervision. This study showed high burden of HIV infection among female youth and the risk factors associated with it. Formal education for both females and males is strongly recommended. Female focused HIV prevention interventions are indicated. Additional recommendations are also made in relation to barriers to access youth VCT and for the challenges encountered by youth VCT service providers. (shrink)

In 2012, baker Jack Phillips of Masterpiece Cakeshop refused to create a wedding cake for a same-sex couple, citing religious beliefs. Colorado Public Accommodations law prohibits business owners from denying the “full and equal enjoyment” of their services on the basis of sexual orientation, and Phillips refused to sell the couple the very same items he would sell to a heterosexual couple. But Phillips, who fashions himself as a “cake artist,” argues that applying the law here would interfere with his (...) free-speech rights. Moreover, he argues that he is not actually discriminating on the basis of sexual orientation but on the basis of a particular understanding of marriage; he is happy to sell Lesbian, Gay, Bisexual, and Transgender people a wide range of other items. In this chapter, I evaluate both arguments. In the postscript, I briefly explain the US Supreme Court's June 2018 ruling on the case. (shrink)

Idealization is a necessity. Stripping away levels of complexity makes questions tractable, focuses our attention, and lets us develop comprehensible, testable models. Applying such models, however, requires care and attention to how the idealizations incorporated into their development affect their predictions. In epistemology, we tend to focus on idealizations concerning individual agents' capacities, such as memory, mathematical ability, and so on, when addressing this concern. By contrast, this dissertation focuses on social idealizations, particularly those pertaining to salient social categories like (...) race, sex, and gender. In Chapter II, Privilege and Superiority, we begin with standpoint epistemology, one of the earliest efforts to grapple with the ways that social structures affect our epistemic lives. I argue that, if we interpret standpoint epistemologists' claims as hypotheses about the ways that our social positions affect access to evidence, we can fruitfully employ recent developments in evidence logic to study the consequences. I lay the groundwork for this project, developing a model based on neighborhood semantics for modal logic. Adapting this framework to standpoint epistemology helps to clarify the meaning of terms like "epistemic privilege" and "superior knowledge" and to elucidate the differences between various accounts of standpoint epistemology. I also address a longstanding criticism of these views: Longino's (1990) bias paradox, which suggests that there is no objective position from which to judge the goodness of a particular standpoint. Chapter III, Evidence in a Non-Ideal World, turns to the broader social context, looking at how ideology affects the availability of evidence. Throughout the chapter, I take the formation, justification, and maintenance of racist, sexist, and otherwise oppressive beliefs as a central case. I argue that these beliefs are, at least sometimes, formed as a result of evidential distortion, a structural feature of our epistemic contexts that skews readily available evidence in favor of dominant ideologies. Because they are formed this way, such beliefs will appear justified on prominent accounts of justification, both internalist and externalist. As a result, epistemic norms that fail to account for such non-ideal conditions will deliver verdicts that are not only counter-intuitive, but also morally unpalatable. This, I argue, reveals a kind of structural epistemic injustice, especially where oppressive ideology is involved and suggests the need for epistemic norms that are sensitive to agents' social contexts. Much of the discussion in Chapters II and III depends on social categories like race and gender, arguing that they have a distinctive influence on our epistemic lives. In Chapter IV, I Know You Are, But What Am I?, my co-author and I focus on social categories themselves, distinguishing between self-identity, social identity, and social role. We self-identify as gay or straight, men or women, couch-potatoes or gym rats. Sometimes, these identities affect our social roles---the way we are perceived and treated by others---and sometimes they do not. This relationship between our internal identities and our preferred public perceptions begs for explanation. On our account, this relationship is captured by what we refer to as 'social identity'---roughly, internal identities made available to others. We argue that this account of social identity plays an illuminating role in structural explanation of discrimination and individual behavior, dissolves puzzles surrounding the phenomenon of 'passing', and explains certain moral and political obligations toward individuals. (shrink)

A developing area of interest in ethics and in legal studies is privacy protection. This paper focuses on privacy protection in employment, and examines some of the arguments of commentators who seek to limit the information obtained from job candidates and employees. The ethical underpinnings of these restrictions are discussed in terms of how privacy in employment relations can be understood as functioning to provide a context for the maintenance and development of self‐identity, an autonomous self‐concept, the practice (...) of meaningful autonomy, and a pluralistic social order. In the second part of the paper the proposed restrictions are examined in terms of their impact on economic welfare. The latter consideration suggests that HRM and allied professional groupings that unilaterally implemented the critics’ proposals could be deemed to be paternalistic. The potential relevance of legal regulation to resolve this issue for ‘ethical’ HRM professional practice and its significance in the area of genetic discrimination are discussed. (shrink)

A developing area of interest in ethics and in legal studies is privacy protection. This paper focuses on privacy protection in employment, and examines some of the arguments of commentators who seek to limit the information obtained from job candidates and employees. The ethical underpinnings of these restrictions are discussed in terms of how privacy in employment relations can be understood as functioning to provide a context for the maintenance and development of self‐identity, an autonomous self‐concept, the practice (...) of meaningful autonomy, and a pluralistic social order. In the second part of the paper the proposed restrictions are examined in terms of their impact on economic welfare. The latter consideration suggests that HRM and allied professional groupings that unilaterally implemented the critics’ proposals could be deemed to be paternalistic. The potential relevance of legal regulation to resolve this issue for ‘ethical’ HRM professional practice and its significance in the area of genetic discrimination are discussed. (shrink)

This paper argues that it is necessary to focus on gender rather than exclusively on women in discussions on global poverty eradication. It argues firstly, that the drivers of poverty are complex and multifaceted leading to a least two different forms of deprivation – transitory and structural poverty – each requiring different forms of analysis and treatment. Transitory poverty can arise as a consequence of an event or shock that would diminish an individual’s capacity to retain or secure employment (...) and where a State lacks an appropriate form of social protection. Structural poverty, on the other hand, arises where groups are excluded from the workforce on a more permanent basis due to a wide variety of factors of discrimination such as sex, race, ethnicity, and age. Focusing on the sex of an individual alone cannot explain why some are more likely to experience different forms of poverty than others. Policies that protect women against transitory poverty, such as care related allowances, are not sufficient to eradicate structural poverty. Secondly, structural poverty prompts an examination of gender roles and relations. Unlike the category of ‘women’, the concept of gender demands consideration of a wider range of intersecting factors that influence life chances. The structure of contemporary gender relations, where women continue to experience higher levels of violence, and carry the greatest burden of responsibility for non-market based production activities, create the social conditions where domination and dependence thrive, and where persistently high rates of poverty seem inevitable. Such circumstances are generated by human agency. Thus, thirdly, it argues that these circumstances can and should be changed through human action. Knowledge of these circumstances gives rise to moral obligations for both men and women to avoid upholding values and practices that lead to domination and dependence as a matter of basic justice. (shrink)