The aim of this paper is to identify what I take to be the main conceptual problem in Lewis’ semantics for counterfactuals when the Limit Assumption is not satisfied, what I call the Discrimination Problem , and to present and discuss a modification of Lewis’ semantics that aims at solving DP. First, I outline Lewis’ semantics, highlighting the aspects that will be relevant for our discussion. Second, I present DP and discuss it with a heuristic example. Third, (...) I present the new proposal and comment some formal consequences and the objections they give rise to. Fourth, I present an allegedly equivalent version of the proposal and discuss the difference between counterfactuals and strict conditionals. Finally, I defend that the two proposals are different and argue for the first one as the best way of capturing two intuitions that seem in conflict when the LA is not satisfied. I conclude with a dilemma: either the proposal here defended works or LA is inescapable. Thus, if the proposal doe.. (shrink)

In the recent past a number of empirical studies provided evidence that increasing genetic knowledge leads to new forms of exclusion, disadvantage and stigmatisation. As a consequence, many states have inaugurated special legislation to fight "genetic discrimination".This article focuses on some theoretical, normative and practical problems in the scientific and political debate on genetic discrimination. It puts forward the thesis that the existing antidiscrimination approach is based on the implicit idea that genes are the essence of (human) life. (...) Since genes are held responsible for individual development and personal identity, genetic discrimination is granted a privileged legal status in comparison to other forms of discrimination. As a result the analytical and political concentration on processes of genetic discrimination may reinforce the "geneticization" of body, illness and deviance. (shrink)

It is often thought that traditional recidivism prediction tools used in criminal sentencing, though biased in many ways, can straightforwardly avoid one particularly pernicious type of bias: direct racial discrimination. They can avoid this by excluding race from the list of variables employed to predict recidivism. A similar approach could be taken to the design of newer, machine learning-based (ML) tools for predicting recidivism: information about race could be withheld from the ML tool during its training phase, ensuring that (...) the resulting predictive model does not use race as an explicit predictor. However, if race is correlated with measured recidivism in the training data, the ML tool may ‘learn’ a perfect proxy for race. If such a proxy is found, the exclusion of race would do nothing to weaken the correlation between risk (mis)classifications and race. Is this a problem? We argue that, on some explanations of the wrongness of discrimination, it is. On these explanations, the use of an ML tool that perfectly proxies race would (likely) be more wrong than the use of a traditional tool that imperfectly proxies race. Indeed, on some views, use of a perfect proxy for race is plausibly as wrong as explicit racial profiling. We end by drawing out four implications of our arguments. (shrink)

A number of philosophers attribute the underrepresentation of women in philosophy largely to bias against women or some kind of wrongful discrimination. They cite six sources of evidence to support their contention: (1) gender disparities that increase along the path from undergraduate student to full time faculty member; (2) anecdotal accounts of discrimination in philosophy; (3) research on gender bias in the evaluation of manuscripts, grants, and curricula vitae in other academic disciplines; (4) psychological research on implicit bias; (...) (5) psychological research on stereotype threat; and (6) the relatively small number of articles written from a feminist perspective in leading philosophy journals. In each case, we find that proponents of the discrimination hypothesis have tended to present evidence selectively. Occasionally they have even presented as evidence what appears to be something more dubious. (shrink)

It has often been noted that Socratic cross-examination is problematic as a method of inquiry, i.e., as a method for 'acquiring' knowledge. Rarely has it been noticed that there are problems with cross-examination when used for the purposes of 'testing' for knowledge. In the 'Charmides', Socrates commits himself to the following principle: In order to discriminate between the person who knows and the person who does not know the subject matter covered by a particular discipline (technê), one must have mastered (...) that discipline. But if Socrates' disavowals of moral knowledge are sincere, it would seem to follow from this principle that, contrary to what Socrates says in many early dialogues, he cannot successfully test claims to moral expertise through cross-examination. Through an examination of the conditions that Socrates places on knowledge and on mastering a 'technê', I show how this problem can be resolved. (shrink)

The use of predictive machine learning algorithms is increasingly common to guide or even take decisions in both public and private settings. Their use is touted by some as a potentially useful method to avoid discriminatory decisions since they are, allegedly, neutral, objective, and can be evaluated in ways no human decisions can. By (fully or partly) outsourcing a decision process to an algorithm, it should allow human organizations to clearly define the parameters of the decision and to, in principle, (...) remove human biases. Yet, in practice, the use of algorithms can still be the source of wrongful discriminatory decisions based on at least three of their features: the data-mining process and the categorizations they rely on can reconduct human biases, their automaticity and predictive design can lead them to rely on wrongful generalizations, and their opaque nature is at odds with democratic requirements. We highlight that the two latter aspects of algorithms and their significance for discrimination are too often overlooked in contemporary literature. Though these problems are not all insurmountable, we argue that it is necessary to clearly define the conditions under which a machine learning decision tool can be used. We identify and propose three main guidelines to properly constrain the deployment of machine learning algorithms in society: algorithms should be vetted to ensure that they do not unduly affect historically marginalized groups; they should not systematically override or replace human decision-making processes; and the decision reached using an algorithm should always be explainable and justifiable. (shrink)

It is generally accepted that morally justified healthcare rationing must be non-discriminatory and cost-effective. However, given conventional concepts of cost-effectiveness, resources spent on disabled people are spent less cost-effectively, ceteris paribus, than resources spent on non-disabled people. Thus, it is reasonable to assume that standard cost-effectiveness discriminates against the disabled. Call this thedisability discrimination problem.Part of the disability discrimination involved in cost-effectiveness stems from the way in which health-related quality of life is accounted for and measured. This (...) paper offers and defends a patient-sensitive account of health-related quality of life, which can effectively make cost-effectiveness less discriminatory against the disabled and thus more morally justified. (shrink)

This paper considers possible future legislation that requires the exclusive use of autonomous cars. The author develops and defends a ‘Liberal Argument Against Mandated Autonomous Cars’, which argues that such a law would be incompatible with classical liberalism, provided that the following condition holds: In the event where the car must ‘choose’ between running over a young person or an old person, or both, autonomous cars are programmed to respond by running over old people in order to save young people. (...) Such a law requiring the use of these cars, provided that these assumptions hold, would violate the important value in classical liberalism that all individuals ought to be treated equally before the law. The paper concludes by arguing that alternative ways of dealing with this problem come with their own set of unpalatable problems. (shrink)

This paper considers possible future legislation that requires the exclusive use of autonomous cars. The author develops and defends a ‘Liberal Argument Against Mandated Autonomous Cars’, which argues that such a law would be incompatible with classical liberalism, provided that the following condition holds: In the event where the car must ‘choose’ between running over a young person or an old person, or both, autonomous cars are programmed to respond by running over old people in order to save young people. (...) Such a law requiring the use of these cars, provided that these assumptions hold, would violate the important value in classical liberalism that all individuals ought to be treated equally before the law. The paper concludes by arguing that alternative ways of dealing with this problem come with their own set of unpalatable problems. (shrink)

In this paper, I will argue that it is a moral obligation for companies, firstly, to accept their moral responsibility with respect to non-discrimination, and secondly, to address the issue with a full-fledged programme, including but not limited to the countering of microsocial discrimination processes through specific policies. On the basis of a broad sketch of how some discrimination mechanisms are actually influencing decisions, that is, causing intended as well as unintended bias in Human Resources Management (HRM), (...) I will argue that the well known tools of legislation and ethical codes are necessary although insufficient to cope with the problem. However, based on empirical evidence, we know which set of measures is likely to diminish discrimination. Taking non-discrimination seriously implies complex and longitudinal policies which include assigning responsibility for a non-discrimination policy within the firm, making managers conscious of implicit stereotypes and helping them to cope with prejudices that no one can totally overcome. Insofar as corporate responsibility with respect to non-discrimination is accepted and strategies that are not prohibitively expensive are known, companies are bound to implement them. Not implementing the best set of measures may be considered at least as a moral shortcoming or, depending on the size of the company, mere lip service to the non-discrimination principle. Although the paper refers to empirical material of diverse backgrounds, its intent is clearly normative. It wishes to spell out what companies ought to do if they are committed to responsible behaviour. The discussion of effective remedies against discrimination is based on a case study of a French company. The retailer Auchan was recently surprised to learn that it was discriminating against ethnic minorities despite strong ethical standards, an ethics committee and ethical leadership. The company dropped its naïve beliefs and set up an ambitious policy cope with the issue. The case illustrates what recent empirical research has revealed about the effectiveness of diversity policies: establishing responsibility for diversity results, firm ethical commitment and support from top management make diversity programs effective. (shrink)

이 글은 인공지능에 의한 차별과 그 책임 논의를 철학적 차원에서 본격적으로 연구하기에 앞선 예비적 고찰이다. 인공지능에 의한 차별을 철학자들의 연구를 요하는 당면 ‘문제’로 제기하고, 이를 위해 ‘인공지능에 의한 차별’이라는 문제의 성격과 원인을 규명하는 것이 이 글의 주된 목적이다. 인공지능은 기존 차별을 그대로 반복하여 현존하는 차별의 강화 및 영속화를 야기할 수 있으며, 이는 먼 미래의 일이 아니다. 이러한 문제는 현재 발생 중이며 공동체적 대응을 요구한다. 그러나 철학자의 입장에서 그와 관련한 책임 논의를 다루기는 쉽지 않다. 그 이유는 크게 인공지능의 복잡한 기술적 문제와 (...) 전통적 책임 개념의 한계라 할 수 있다. 여기서는 특히 인공지능과 관련된 기술적 개념을 중심으로 문제를 파악하고, 이와 관련하여 인간 행위자의 책임 및 그 역량을 규명한다. 통칭 인공지능으로 이해되는 것은 알고리즘에 기반한 자동화 시스템이며, 알고리즘의 편향성이 인공지능에 의한 차별을 야기할 수 있다. 알고리즘이 겉보기에 인간 행위자와 독립적으로 작동하는 것처럼 보일지라도, 인간 행위자가 그에 개입하고 있음을 밝힌다. 인간 행위자가 편향된 입력 자료를 사용하거나 편향된 설계를 할 수 있다는 점에서, 알고리즘의 편향성은 인간 행위자의 편향성과 불가분의 관계이기 때문이다. 그러므로 인간 행위자는 인공지능에 의한 차별문제에 대응할 책임이 있으며, 책임 역량을 갖고 있다. 마지막으로 인공지능에 의한 차별 논의를 위한 철학 연구의 추후 과제를 정리한다. (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)

Discrimination represents an important moral problem in the field of business ethics, and is often directed against minority groups. While most of the extant literature studies discrimination against employees, this paper studies discrimination against minority customers, addressing whether customers speaking English with an accent are discriminated against when contacting companies with a complaint. We draw upon the two literature streams of business ethics and service recovery to address discrimination in the service recovery process, as the (...) recovery process after a service failure constitutes a critical incident for customers, in which discrimination would be a particularly important moral problem. The findings confirm that customers speaking with an accent are discriminated against, as employees may evaluate customers as both less credible and less competent depending on their accent. We further show that this discrimination extends to negative outcomes: service employees offer customers speaking with an accent lower compensation, and are less likely to go the extra mile for them. Having identified the existence of a discriminatory practice in the service recovery process, we further uncover both an underlying reason and a potential solution. Our results show that employees’ level of cultural intelligence helps alleviate discrimination. We conclude that companies could benefit from including cultural intelligence in the recruitment and training of their employees. (shrink)

Interest in the demarcation problem is undergoing a boom after being shelved and even given up for dead. Nevertheless, despite current philosophical discussions, there are no substantial advances i...

Philosophers have assumed that as long as discriminatory admission and exclusion policies are off the table, it is possible for one to adopt a restrictionist position on the issue of immigration without having to worry that this position might entail discriminatory outcomes. The problem with this assumption emerges, however,when two important points are taken into consideration. First, immigration controls are not simply discriminatory because they are based on racist or ethnocentric attitudes and beliefs, but can themselves also be the (...) source of social and civic ostracism. Second, by focusing so much on questions of admission and exclusion, philosophers have tended to overlook the discriminatory potential of immigration enforcement mechanisms. In this essay, I make the case that philosophers who deal with the issue of immigration cannot dispense with the potential for discrimination in a state's enforcement mechanism as easily as they have with the potential for discrimination in a state’s admission and exclusions criteria. In addition, I put forth the positive claim that the way to combat this potential for discrimination (e.g., xenophobia) must begin with a defense of, and advocacy for, immigrant rights. (shrink)

The conceptualization and moral analysis of discrimination constitutes a burgeoning theoretical field, with a number of open problems and a rapidly developing literature. A central problem is how to define discrimination, both in its most basic direct sense and in the most prominent variations. A plausible definition of the basic sense of the word understands discrimination as disadvantageous differential treatment of two groups that is in some respect caused by the properties that distinguish the groups, but (...) open questions remain on whether discrimination should be restricted to concern only particular groups, as well as on whether it is best conceived as a descriptive or a moralized concept. Furthermore, since this understanding limits direct discrimination to cases of differential treatment, it requires that we be able to draw a clear distinction between equal and differential treatment, a task that is less simple than it may appear, but that is helpful in clarifying indirect discrimination and statistical discrimination. The second major problem in theorizing discrimination is explaining what makes discrimination morally wrong. On this issue, there are four dominant contemporary answers: the valuational and expressive disrespect accounts, which hold that discrimination is wrong when and if the discriminator misestimates or expresses a misestimate of the moral status of the discriminatee; the unfairness account, which holds that discrimination is wrong when and if the discriminator unfairly increases inequality of opportunity; and the harm account, which holds that discrimination is wrong when and if the discriminator harms the discriminatee. Each of these accounts, however, faces important challenges in simultaneously providing a persuasive theoretical account and matching our intuitions about cases of impermissible discrimination. (shrink)

The authors refute Harris’s criticism of the work of NICE and in turn criticise his description of the institute’s positionHarris’s recent editorial,1It’s not NICE to discriminate, is long on both polemic and invective but short on scholarship. He offers nothing to illuminate the debate about allocating health care in circumstances of finite resources; he has no understanding of the quality adjusted life year and its use in health economic evaluation; and he makes ill researched, unsubstantiated charges against the institute and (...) its advisory bodies.ALLOCATING HEALTHCARE RESOURCESThe British National Health Service , like every other healthcare system in the world, has finite resources. How the NHS’s budget should be most appropriately allocated is a very specific example of the more general problem of distributive justice.2The NHS, with its requirement3 to provide all care that is “necessary and appropriate”, was founded with an egalitarian purpose. Yet despite its laudable emphasis on fairness, the implementation of the NHS’s egalitarian approach remains uncertain. What is necessary? What is appropriate? How should the tensions between the service’s egalitarian aspirations, and the need to provide health care from finite resources, be resolved? On what principles should these allocative decisions be made?Utilitarianism, with its goal to maximise overall good, is another approach. Yet experience with the original Oregon plan demonstrated that, when rigidly applied, it can yield solutions that most find unacceptable—for example, tooth capping taking precedence over emergency appendectomy.4 Moreover, some versions of utilitarianism can allow the interests of minorities to be overridden by the majority; and it has next to nothing to offer in eradicating health inequalities.There is no single, broadly accepted, theory of distributive justice …. (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)

Since its first delivery in 1993, J.L. Schellenberg’s atheistic argument from divine hiddenness keeps generating lively debate in various quarters in the philosophy of religion. Over time, the author has responded to many criticisms of his argument, both in its original evidentialist version and in its subsequent conceptualist version. One central problem that has gone undetected in these exchanges to date, we argue, is how Schellenberg’s explicit-recognition criterion for revelation contains discriminatory tendencies against mentally handicapped persons. Viewed from this (...) angle, our present critique imparts Schellenberg’s position with a philosophical dilemma: (1) endorsing divine discrimination to the effect that God does not love ‘cognitive-affective outsiders’ or (2) giving up on explicit recognition. Either way, the hiddenness argument does not succeed. (shrink)

Despite progress, discrimination in public health remains a problem. A significant aspect of this problem relates to how medical resources are allocated. The paradigm of quality-adjusted-life-year (QALY) dictates that medical resources should be allocated on the basis of units measured as length of life and quality of life that are expected after the implementation of a treatment. In this article, I discuss some of the ethical shortcomings of QALY, by focusing on some of its flawed moral aspects, (...) as well as the way it relates to discrimination on the basis of age, race, and disability status. I argue that while this approach seeks to maximize efficiency, it does not place sufficient value on the preservation of life itself. Even more concerning is the fact that the use of QALY disproportionately harms minorities. While QALY is a well-intentioned approach to the allocation of scarce healthcare resources, new alternatives must be sought. (shrink)

With advances in genetic technology, there are increasing concerns about the way in which genetic information may be abused, particularly in people at increased genetic risk of developing certain disorders. In a recent case in Hong Kong, the court ruled that it was unlawful for the civil service to discriminate in employment, for the sake of public safety, against people with a family history of mental illness. The plaintiffs showed no signs of any mental health problems and no genetic testing (...) was performed. This was the first case concerning genetic discrimination in common law jurisdictions, therefore the court's judgment has implications for how genetic discrimination cases may be considered in the future. The court considered it inappropriate to apply population statistics or lifetime risks to individuals while examining fitness for work. It recommended an individualised assessment of specific risks within the job, relative to other risks posed by that workplace. (shrink)

According to a prominent view, discrimination is wrong, when it is, because it makes people worse off. In this paper, I argue that this harm-based account runs into trouble because it cannot point to a harm, without making controversial metaphysical commitments, in cases of discrimination in which the discriminatory act kills the discriminatee. That is, the harm-based account suffers from a problem of death. I then show that the two main alternative accounts of the wrongness of (...) class='Hi'>discrimination—the mental-state-based account and the objective-meaning account—do not run into this problem. (shrink)

In this paper, I will argue that it is a moral obligation for companies, firstly, to accept their moral responsibility with respect to non-discrimination, and secondly, to address the issue with a full-fledged programme, including but not limited to the countering of microsocial discrimination processes through specific policies. On the basis of a broad sketch of how some discrimination mechanisms are actually influencing decisions, that is, causing intended as well as unintended bias in Human Resources Management, I (...) will argue that the well known tools of legislation and ethical codes are necessary although insufficient to cope with the problem. However, based on empirical evidence, we know which set of measures is likely to diminish discrimination. Taking non-discrimination seriously implies complex and longitudinal policies which include assigning responsibility for a non-discrimination policy within the firm, making managers conscious of implicit stereotypes and helping them to cope with prejudices that no one can totally overcome. Insofar as corporate responsibility with respect to non-discrimination is accepted and strategies that are not prohibitively expensive are known, companies are bound to implement them. Not implementing the best set of measures may be considered at least as a moral shortcoming or, depending on the size of the company, mere lip service to the non-discrimination principle. Although the paper refers to empirical material of diverse backgrounds, its intent is clearly normative. It wishes to spell out what companies ought to do if they are committed to responsible behaviour. The discussion of effective remedies against discrimination is based on a case study of a French company. The retailer Auchan was recently surprised to learn that it was discriminating against ethnic minorities despite strong ethical standards, an ethics committee and ethical leadership. The company dropped its naïve beliefs and set up an ambitious policy cope with the issue. The case illustrates what recent empirical research has revealed about the effectiveness of diversity policies: establishing responsibility for diversity results, firm ethical commitment and support from top management make diversity programs effective. (shrink)

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)

Certified nursing assistants (CNAs) provide the majority of direct care to nursing home residents in the United States and, therefore, are keys to ensuring optimal health outcomes for this frail older adult population. These diverse direct care workers, however, are often not recognized for their important contributions to older adult care and are subjected to poor working conditions. It is probable that social‐based discrimination lies at the core of poor treatment toward CNAs. This review uses perspectives from critical social (...) theory to explore the phenomenon of social‐based discrimination toward CNAs that may originate from social order, power, and culture. Understanding manifestations of social‐based discrimination in nursing homes is critical to creating solutions for severe disparity problems among perceived lower‐class workers and subsequently improving resident care delivery. (shrink)

Sanford Goldberg has called our attention to an interesting problem: How is it that young children can learn from the testimony of their caregivers (their parents, teachers, and nannies, for example) even when the children themselves are undiscriminating consumers of testimony? Part One describes the importance and scope of the problem, showing that it generalizes beyond tots and their caregivers. Part Two considers and rejects several strategies for solving the problem, including Goldberg's own. Part Three defends a (...) solution, positing a previously unnoticed social dimension to knowledge. (shrink)

The urgency of the issue in question lies in the need to improve anti-discrimination legislation in Ukraine. The article aims to summarize the current state of combating discrimination in sports. Research methods include analysis, generalization, and the formal-logical method. The article summarizes international acts that promote the prohibition of discrimination and the need to combat it. One of the main problems in world sport is racial discrimination, and there are three types of racism in sports. The (...) main disadvantage of laws that lead to imperfect prosecution mechanism is entirely criminal liability for discrimination, even though the law on preventing and combating discrimination also implies administrative and civil liability. The article analyzes some positive foreign experience in combating and counteracting in sports. It shows that the priority areas for combating and counteracting discrimination in sports in Ukraine should be: improving the legislation in terms of prosecution; establishing a special body responsible for combating and counteracting discrimination in sports; introducing educational tools in schools and among members of sports organizations that promote human rights, regardless of race, colour or other characteristics. Emphasis is placed on the fact that an effective mechanism of legal regulation together with preventive measures should guarantee the protection of the rights of both athletes and fans. The obtained results can serve as the basis of legislative proposals to improve the fight against discrimination in sports, which will ensure the protection of human rights. (shrink)

According to US law, insurance companies can lawfully differentiate individual health insurance premiums on the basis of non-genetic medical information, but not on the basis of genetic information. The article reviews the case for such genetic exceptionalism. First, I critically assess some standard justifications. Next, I scrutinize an argument appealing to the view that genetically based premium differentiation expresses that persons do not all merit equal concern and respect. In the final section, I argue that even if genetic exceptionalism is (...) unjustified, there is a forceful luck egalitarian argument against basing premiums on genetic risks, to wit, that this tends to make some individuals worse off than others as a result of the bad brute luck involved in having a genetically determined, above-average risk of developing health problems. (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)

Behavior that solves a problem is distinguished by the fact that it changes another part of the solver's behavior and is strengthened when it does so. Problem solving typically involves the construction of discriminative stimuli. Verbal responses produce especially useful stimuli, because they affect other people. As a culture formulates maxims, laws, grammar, and science, its members behave more effectively without direct or prolonged contact with the contingencies thus formulated. The culture solves problems for its members, and does (...) so by transmitting the verbal discriminative stimuli called rules. Induction, deduction, and the construction of models are ways of producing rules. Behavior that solves a problem may result from direct shaping by contingencies or from rules constructed either by the problem solver or by others. Because different controlling variables are involved, contingency-shaped behavior is never exactly like rule-governed behavior. The distinction must take account of a system which establishes certain contingencies of reinforcement, such as some part of the natural environment, a piece of equipment, or a verbal community; the behavior shaped and maintained by these contingencies; rules, derived from the contingencies, which specify discriminative stimuli, responses, and consequences, and the behavior occasioned by the rules. (shrink)

This article proposes a framework for the analysis of experienced discrimination in home mortgages. It addresses the problem of home mortgage lending discrimination in one of the richest areas of northern Italy. Employees of a local hospital were interviewed to study their perception of discriminatory behavior related to home financing. The analysis follows two steps. The first evaluates self-selection and the second focuses on the likelihood that applications are accepted by the bank. Findings show that discrimination (...) is likely to appear when the applicant’s nationality is considered. In addition to its findings, the study provides an original econometric model on a two-step procedure to test perceived discrimination and suggests a method and approach that may constitute a point of reference for those willing to study perceived discrimination. (shrink)