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

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)

In this essay, the author reflects on a decade’s old essay on baseball and bioethics inspired by a conversation with the late David Thomasma. In a reprise of his earlier paper, Fins worries that modernity has come to baseball with the advent of the pitch clock and that this innovation brings age discrimination to a timeless pastime.

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)

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)

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)

It is shown here that injustices due to racial discrimination are best identified in light of the deleterious effects they have upon their victims, rather than the beliefs and attitudes of their perpetrators. For among participants who cooperate clandestinely to bring about racial injustice there may be broad disagreement about what it is they are doing collectively, and why; or they may disagree in principle about whether what they are doing is morally right. I employ the notion of ‘nomotropic’ (...) behaviour to replace the oversimplified notion of ‘rule-following’ in order to explain how duplicity and hypocrisy fall shy of being regarded as irrational in social climates where implicit norms reinforce racial privileging while explicit norms denounce it. Further, examining the ‘collective utility’ of dogmatic beliefs and norms comprising part of the social architecture that covertly reinforces racial injustice may help to explain why it often seems to make so little diffe... (shrink)

Drawing on 121 in-depth interviews with first- and second-generation women and men physicians of Indian origin in the U.S. Southwest, I examine the incidence and nature of gender-based discrimination in American medicine. I focus on two aspects: gender discrimination by employers and colleagues against women physicians of Indian origin and the interaction of gender discrimination with race in the professional lives of first- and second-generation physicians. U.S. healthcare has become increasingly dependent on immigrants, in particular women physicians, (...) from the developing world. I document the significant impact gender and race can have in molding the professional trajectories of Indian women physicians. The experiences of these physicians help clarify the interaction of skilled migrant workers with racial/ethnic and gender relations in U.S. workplaces. (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)

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)

Increasing empirical research on productivity supports the use of statistical or ‘rational’ discrimination in hiring. The practice is legal for features of job applicants not covered by human rights discrimination laws, such as being a smoker, residing in a particular neighbourhood or being a particular height. The practice appears largely morally innocuous under existing philosophical accounts of wrongful discrimination. This paper argues that lawful statistical discrimination treats job applicants in a way that may be considered degrading, (...) and is likely to constrain people’s freedoms in relation to employment, thus giving us reason for moral concern. (shrink)

The scope of social policy today is extensive. With the changing global scenario, there is a rediscovery of “social” in it. Indubitably, there is a gender perspective on social policy globally. The world Economic Forum states that there are only six countries in the world (Belgium, Denmark, France, Latvia, Luxembourg and Sweden) where women have equal work rights to men. It is noted that the situation in different countries varies when it comes to the working benefits of different genders whether (...) for native or expatriate workers in those places. Though there are rooms to enjoy attractive income and favourable working conditions such as job security, generous retirement plan, and other welfare benefits, there are still various factors that might lead to gender-based differences or gender discrimination in the unique labour market context of the GCC countries. The scenario is distinct in many Scandinavian nations like Sweden. Those countries are often considered the role model for gender equal work allowances. When it comes to India there is still disparity and difference in many areas despite the social security system the country offers in its policies. This paper aims at a descriptive and qualitative study on the causes, consequences and conclusion of the gender disparity in employee allowances in these nations. The study would imply a simple random method of interrogation to examine gender differences empirically within the labour market of the mentioned nations. The economic benefits of a gender-equal nation in the framing of social policy will be emphasized and focused on. (shrink)

The article investigates the development of discourses related to freedom of religion and discrimination against religious minority in current Indonesia by identifying the discourse constructions of Ahmadiyya in various texts and talks produced and disseminated by government institution and the Indonesian Council of Ulama (the MUI). This study aims to reveal these institutions’ views and perspectives on Ahmadiyya issue using various discourse strategies. The data analysed are some legal proclamations issued and personal views delivered by the officials of these (...) two institutions. The CDA theoretical framework employed is to examine the positive-self and negative-other presentations. The finding reveals that the issue of Ahmadiyya is addressed through discourses related to Indonesian national interest and discourses related to religious matters. in these discourses, the two institutions and their officials present themselves positively and portray the Ahmadiyya sect negatively. The sect followers are negatively presented as the troublemaker, blasphemer, and the destroyer of religious harmony and social order. (shrink)

Over the past 20 years, a series of empirical studies in different countries have shown that the increase in genetic knowledge is leading to new forms of exclusion, disadvantaging and stigmatisation. The term "genetic discrimination" has been coined to refer to a (negative) differential treatment of an individual on the basis of what is known or assumed about his or her genetic makeup. Reported incidents2 include difficulties in finding or retaining employment, problems with insurance policies and difficulties with (...) adoption.So far, no empirical data on genetic discrimination in Germany are available. For this reason it remains unclear how often people in Germany are discriminated against because of their genetic characteristics. Aside from individual cases do forms of systematic genetic discrimination exist? If so, in which institutions and social arenas do they appear? These questions cannot be answered at present even cursorily, since no specialised studies or basic surveys have been carried out. Even the ethical, legal, and social issues (ELSI) accompanying the Human Genome Project3 and financed by the German Federal Ministry for Education and Research does not include a single investigation of this. (shrink)

The evidence suggests that employers discriminate against ex-offenders in the labour market. The problem is potentially serious as it involves a substantial proportion of the population, especially the male population. Since research has shown that most people with prior convictions stop offending by their late 20s or early 30s, the validity of selection based on criminal record remains questionable. This paper examines the need for legal protection of ex-offenders by limiting employers' access to, and use of, information on criminal background. (...) The rights and interests of the various parties involved, employers, ex-offenders, and the general public, are discussed. Approaches to the legal protection of ex-offenders in Australia are reviewed and legislative changes proposed. (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)

It’s certainly wrong for employers to accept applications from only white people. Universities that open admissions to only white people surely act wrongly. But do people who date, or consider dating, only white people do something wrong? Many people say that racialized attraction is just a matter of personal preference. Against this view, it will be argued that it often constitutes wrongful discrimination.

Hastings Center Report, Volume 52, Issue 1, Page 8-9, January/February 2022.

This Article argues that a universal approach to age discrimination promotes justice (including intergenerational justice) and efficiency. As explained herein, legal regimes regulate age discrimination in employment in various ways. While some regimes create specific anti–age discrimination legislation, others ban most kinds of employment discrimination, including age discrimination, in a general way. These latter promote a universal approach to age discrimination. The current Article explores the theoretical justifications for either a particularistic or (...) a universal approach to age discrimination. Additionally, it enriches its theoretical discussion by taking and presenting a snapshot of current litigation in Israel – a country that has adopted a universal approach to age discrimination. (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)

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

This article is about the rights of the Roma in North Macedonia and the level of discrimination that Roma are facing while employed in the public sector in the Republic of North Macedonia. The aims and objectives of the article are theoretical and practical understanding of the situation of Roma and the violation of their rights through direct and indirect discrimination at work. The data was collected during the period from May-July 2019 via 52 collected questionaries from a (...) total of 70 public servants who were asked to be a part of the research. The article shows new data we have collected from employed Roma as public servants in different institutions in the state. The surveyed public servants were 52 in total, from which 34 are employees with secondary education, 17 are with university education and only 1 has a masters degree. The questionnaire is composed out of 17 questions about the forms of discrimination, feeling or witnesing discrimination at their workplace, who caused the discrimination, witnessing the spread of prejudices and stereotypes about the Roma, rejection of colleagues to share an office with Roma, and who caused the discrimination. One of the results shows that 55% of the surveyed Roma did not have a single training from their employer in the last 12 months and that 69% of those surveyed stated that they felt discrimination in the last 12 months on everyday basis. (shrink)

This article is about the rights of the Roma in Sweden and the level of discrimination that Roma are facing. The aims and objectives of the article is theoretical and practical understanding of the situation of the Roma and their human rights through our research and analysis of reports from international organizations, civil society organizations, deep interviews and data from the collected 57 questionnaires. The data is collected during the two study visits in November 2016 and February 2017. The (...) article sumarises the actual situation of the Roma in Sweden and shows new data I have collected while visiting Göteborg, Stockholm, Vänersborg and Trollhättan. I did 4 deep interviews with representatives from Civil Right Defenders, Kronan School and members from UNHCR Sweden. The interviews were composed out of 22 questions about the current condition of Roma in Sweden, implemented projects for improving the Roma human rights, discrimination, police harasment, Roma register, legal remedies against discrimination, financial benefits if persuing education, non-governmental organization working for and with Roma, equitable representation of Roma in the state bodies, affirmative actions, Romani political parties, allocated funds for projects improving the Romani situation, system of minority right protection, equality of Roma among the Swedish citizens. The questionnaire about discrimination is composed out of 15 questions about the forms of discrimination, feeling or witnesing discrimination, discrimination in delivering services, discrimination in employment, and reporting discrimination. (shrink)

The United States District Court of Kansas, in Gudenkauf v. Stauffer, Znc., granted the defendants motion for summary judgment for the plaintiff's claims of pregnancy-related discrimination under the Americans with Disabilities Act and the Family and Medical Leave Act of 1993, but the court denied a similar motion for the plaintiff's claim under the Pregnancy Discrimination Act. The court found summary judgment to be appropriate for the ADA claim based on its finding that the plaintiff's pregnancy did not (...) constitute an impairment as required by the statute; as for the FMLA claim, it determined that the defendants failure to grant the plaintiff's leave request did not violate the statute. However, the court determined that summary judgment was inappropriate for the PDA claim because of material questions of fact about whether the defendant had acted with discriminatory intent.In considering the motions for summary judgment, the court accepted the following facts as incontrovertible. Plaintiff Michaela Gudenkauf worked for the defendant Stauffer, Inc. (shrink)

This study examined the influence of two organizational context variables, codes of conduct and supervisor advice, on personnel decisions in an experimental simulation. Specifically, we studied personnel evaluations and decisions in a situation where codes of conduct conflict with supervisor advice. Past studies showed that supervisors’ advice to prefer ingroup over outgroup candidates leads to discriminatory personnel selection decisions. We extended this line of research by studying how codes of conduct and code enforcement may reduce this form of discrimination. (...) Eighty German managers evaluated and selected candidates from an applicant pool including Germans (ingroup members) and foreigners (outgroup members). Supervisor advice to prefer ingroup members lowered suitability ratings of outgroup members as well as their chances to be selected for an interview. Ethical codes of conduct referring to equal opportunities limited this form of discrimination, but only when codes were enforced by sanctions and integrated into organizational every-day practice. The implications of these findings for research and practice are discussed. (shrink)

Negative gender-role stereotypes continue to pervade the careers of many women. The current study examines the careers of female National Health Service (NHS) nurses in the United Kingdom. The study identifies organizational mindsets which militate against women's career advancement. These mindsets form the basis of the "ethic of discrimination" which both maintains and perpetuates unequal outcomes for women in NHS nursing. We examine the implications for management in promoting non-discriminatory decision making, and the barriers that are faced in overcoming (...) the "ethic of discrimination". (shrink)

The science and technology of genetic testing is rapidly advancing with the consequences that genetic testing may well offer the prospect of being able to detect the onset of future disabilities. Some recent research also indicates that certain behavioural profiles may have a strong genetic basis, such as the determination to succeed and win or the propensity for risk-taking, which may be of interest to third parties. However, as this technology becomes more prevalent there is a danger that the genetic (...) information may be misused by entities such as employers, insurance companies, educational facilities, and finance companies and that people with particular genetic profiles may be discriminated against.This book explores the different types and the potential uses of genetic testing. The book highlights the ethical and legal dilemmas and the challenges arising as a result of emerging and rapidly advancing genetic science. Chapters in the book assess the importance and impact of the US Genetic Information Non-Discrimination Act (GINA) in the employment and health insurance contexts asking whether it is proving to be an effective tool in addressing the issue of genetic discrimination and alleviating individuals' fears of discrimination. The book then goes on to make the case for regulation at the European Union level in order to protect the privacy of genetic information and to prevent the discriminatory use of genetic information in Europe. It considers what can be learnt from the experience of the US in addressing ethical and legal issues as well as the impact that the UN Convention on the Rights of Persons with Disabilities is having on this debate within the EU. (shrink)

Luck egalitarianism is a responsibility-sensitive theory of distributive justice. Its application to health and healthcare is controversial. This article addresses a novel critique of luck egalitarianism, namely, that it wrongfully discriminates against those responsible for their health disadvantage when allocating scarce healthcare resources. The philosophical literature about discrimination offers two primary reasons for what makes discrimination wrong (when it is): harm and disrespect. These two approaches are employed to analyze whether luck egalitarian healthcare prioritization should be considered wrongful (...) discrimination. Regarding harm, it is very plausible to consider the policies harmful but much less reasonable to consider those responsible for their health disadvantages a socially salient group. Drawing on the disrespect literature, where social salience is typically not required for something to be discrimination, the policies are a form of discrimination. They are, however, not disrespectful. The upshot of this first assessment of the discrimination objection to luck egalitarianism in health is, thus, that it fails. (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)

Despite a plethora of laws prohibiting discrimination in employment, supporting and enforcing equal employment opportunity (EEO) principles has proven to be an enormous challenge for those charged with this responsibility. The question often asked is who should exercise this role in organizations. Not surprisingly, there has been a call for HRM to become the guardian of EEO in organizations but should human resource managers be male or female, and/or would line managers be better positioned to assume this (...) responsibility? This paper overviews the literature and then summarizes an empirical study that attempted to address the possible impact of these options as they exist in organizations. One hundred and eighty respondents who met the criterion of having interviewed one or more job applicants in the previous 6 months were systematically selected from business telephone listings. Based on self-reported behaviors, no significant difference was found between the expected and actual distributions of HR and line managers in respect to whether decisions were made on unlawful grounds. The percentage of each respondent category that asked unlawful questions varied from 1% to 36% depending upon the attribute (unlawful ground of discrimination) under consideration. This begs the question as to what value HR managers contribute to EEO in the selection process. The second finding was that significantly less female managers admit to making decisions on the basis of unlawful questions than male managers. Thus, support was found for female line managers as guardians of EEO but no clear justification for HRM in this role. (shrink)

This paper considers the relationship between women, religion and the Australian state via an examination of federal anti-discrimination law. Much of the social research into religion-state relations over the last ten years, particularly with the rise of neo-liberalism, demonstrates that religious groups and ideas are actively involved in public debate, policy formation and implementation. While this has been examined by some scholars in social policy, particularly education, there has been little research on the relationship between women’s rights and post-secular (...) politics. This essay will address this gap by firstly locating women’s rights in the context of global forms of neo-liberalism and specifically by examining Australian federal anti-discrimination legislation, which seeks to protect religious freedom by allowing religious groups general exemption from adhering to non-discriminatory employment and training protocols. It is argued via evidence, that such exemptions are premised on the treatment of women as other to masculine norms. (shrink)

The complex history of pandemics has created a diversified array of anti-epidemic responses, which have allowed structures of authority to express their power in multiple ways. In this paper, by considering theories applicable to cases ranging from Europe to Asia, from the 11th to the 18th century, we conduct a comparative analysis capable of identifying common traits and radical differences, aiming to show how such deployment of power was not always commensurate with the medical theories of the age, and with (...) the gravity of the epidemiological situation. Specifically, we analyse how Western European States, in their process of formation, employed the concept of ‘public health’ to create the grounds for an unprecedented exercise of power over the private sphere. Furthermore, we compare this attitude with the discrimination of the minority known as burakumin in Japan, which was destined to undertake any ‘dirty’ or ‘impure’ occupation, to preserve the immunity of the community. In other words, we examine how structures of power have exploited states of exception to implement control measures beyond the needs of the situation through an increasingly hypertrophic apparatus of security; and ways in which political authorities have not aligned with medical or philosophical authorities of their times, for opportunistic reasons that benefited their own social, religious, or racial group. (shrink)

Racial discrimination uses race as grounds to discriminate in the treatment owed to others; sexual discrimination uses people’s sexual features as grounds for determining how they should be treated compared to others. Analogously, statistical discrimination treats statistical inferences about the groups to which individuals belong as grounds for discriminating amongst them in thought, word and deed. Examples of statistical discrimination include the employer who won’t hire women of childbearing age, because they are likely to take maternity (...) leave at some point in their careers; or insurers who wish to charge more to young drivers than to more experienced ones, because they are more likely to have accidents than the latter – or to favour women over men in the cost of premiums for similar reasons. Finally, a famous – infamous – example of statistical discrimination is racial profiling for police purposes, where statistical evidence of differential propensities to crime are used to justify preventive police measures, such as ‘stop and search’, which mainly target young black men, and other racialized minorities. The philosophical appeal of the concept of statistical discrimination is fairly easy to see: it draws our attention to the way that probabilistic claims figure, or might figure, in the distribution of social costs and benefits such as jobs, security, insurance. It therefore gives us a way to test our moral intuitions across different cases, enables us to see how far our moral judgements can be generalised, and whether they have been affected by particularly emotive examples, or by the particular features of a real or hypothetical case. But does that mean that statistical discrimination is unproblematic? This article takes issue with some arguments of Kasper Lippert Rasmussen on the topic. (shrink)

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)

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 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 employs Critical Discourse Analysis to examine resistance discourses as created by the Ahmadiyya followers – a self-defined sect of Islam – to argue against negative discourses undermining them in Indonesia. In some legal proclamations and statements delivered by state officials and the representatives of majority Muslims in the country, the followers of the sect, especially those affiliated to the JAI (Jemaat Ahmadiyya Indonesia) are excluded from Islamic community. By using Van Dijk’s ideological square, this study aims at identifying (...) resistance discourses created by the JAI followers as the defence strategies to oppose negative discourses presenting them as the non-believers of Islam. The resistance discourses are apparent in both written and spoken texts, such as books, articles, speeches, and public debates created by the sect. The finding reveals that the JAI followers create discourses of victim, defender of Islam, imperialism, illegitimacy, and discourse of public deception using various discourse strategies namely victimization, scare tactics, positive attribution, quotation, power delegitimising and negative portraits of misbehaving. (shrink)

Female migrant workers are doubly disadvantaged in China's urban labor market because of their doubly marginalized identities as both women and rural residents. This article takes a process-centered approach to explore how female migrants' two identity categories generate intersectional effects on their job-search experiences in cities. Data from in-depth interviews conducted in Xi'an city, China, in 2010 and 2011 reveal that three patterns of relationship explain the processes where the gender–hukou intersection affects female migrants. In the first pattern, a splintering (...) relationship, hukou and gender work singly to form employment discrimination against female migrants. The second, a contesting relationship, indicates that hukou and gender alternate as the primary identities that affect their employment opportunities. In the third, a collaborating relationship, hukou and gender work together to either positively or negatively shape female migrants' employment prospects. No matter which of the relationships plays out, female migrants' disadvantages as cheap urban laborers have become deeply entrenched in the urban labor market. This can be explained by two powerful social institutions in contemporary China, the hukou system and patriarchy. (shrink)

Abstract:This paper describes how anticipated age discrimination in the form of disparate treatment induces behavior that in effect constitutes gender discrimination. Potential employers often exhibit a common pattern of behavior that acts to discriminate against older workers entering a specific workplace. Women, at a decision-making point early in their lives, are aware of this pattern of discrimination. They perceive that it is important for them to establish their careers before they have a family because it will be (...) more difficult for them to enter the work force at a later age and excel at their careers. This anticipated age discrimination disparately impacts women, resulting in gender discrimination. (shrink)

Conscious visual perception can fail in many circumstances. However, little is known about the causes and processes leading to failures of visual awareness. In this study, we introduce a new signal detection measure termed subjective discriminability of invisibility that allows one to distinguish between subjective blindness due to reduction of sensory signals or to lack of attentional access to sensory signals. The SDI is computed based upon subjective confidence in reporting the absence of a target . Using this new measure, (...) we found that target misses were subjectively indistinguishable from physical absence when contrast reduction, backward masking and flash suppression were used, whereas confidence was appropriately modulated when dual task, attentional blink and spatial uncertainty methods were employed. These results show that failure of visual perception can be identified as either a result of perceptual or attentional blindness depending on the circumstances under which visual awareness was impaired. (shrink)

This article illustrates some of the difficulties of defining discrimination and briefly sketches the benefits and desiderata of doing so. It then examines and defines generic direct discrimination as an agent treating two groups differently because of the property that defines one of the groups as a group, in a way that is worse for that group, clarifying each of these three conditions in turn. It considers two arguments for further conditions: that an act must target one among (...) a particular set of groups to constitute discrimination, and that an act must be in some sense morally wrong to constitute discrimination. It concludes that while these objections are forceful it may be the case that they illustrate that we employ multiple, partly overlapping concepts of discrimination, and that it may be more important to recognize this heterogeneity than it is to attempt to establish a dominant or unitary definition. (shrink)

A wide array of species throughout the animal kingdom has shown the ability to distinguish between quantities. Aside from being important for optimal foraging decisions, this ability seems to also be of great relevance in group-living animals as it allows them to inform their decisions regarding engagement in between-group conflicts based on the size of competing groups. However, it is often unclear whether these animals rely on numerical information alone to make these decisions or whether they employ other cues that (...) may covary with the differences in quantity. In this study we used a touch screen paradigm to investigate the quantity discrimination abilities of two closely related group-living species, wolves and dogs, using a simultaneous visual presentation paradigm. Both species were able to successfully distinguish between stimuli of different quantities up to 32 items and ratios up to 0.80, and their results were in accordance with Weber's law (which predicts worse performances at higher ratios). However, our controls showed that both wolves and dogs may have used continuous, non-numerical cues, such as size and shape of the stimuli, in conjunction with the numerical information to solve this task. In line with this possibility, dogs' performance greatly exceeded that which they had shown in other numerical competence paradigms. We discuss the implications these results may have on these species' underlying biases and numerical capabilities, as well as how our paradigm may have affected the animals' ability to solve the task. (shrink)