One popular criticism of affirmative action is that it discriminates against those who would otherwise have been offered jobs without it. This objection must rely on the non- consequentialist distinction between what we do and what we merely allow to claim that doing nothing merely allows people to be harmed by the discrimination of others, while preferential programs actively harm those left out. It fails since the present effects of past discrimination result from social arrangements which result from actions (...) of ours. We can be responsible for the effects of past discrimination, even without having discriminated, if we are responsible for that discrimination having those effects. (shrink)

Sequence learning is fundamental to a wide range of cognitive functions. Explaining how sequences—and the relations between the elements they comprise—are learned is a fundamental challenge to cognitive science. However, although hundreds of articles addressing this question are published each year, the actual learning mechanisms involved in the learning of sequences are rarely investigated. We present three experiments that seek to examine these mechanisms during a typing task. Experiments 1 and 2 tested learning during typing single letters on each trial. (...) Experiment 3 tested for “chunking” of these letters into “words.” The results of these experiments were used to examine the mechanisms that could best account for them, with a focus on two particular proposals: statistical transitional probability learning and discriminative error-driven learning. Experiments 1 and 2 showed that error-driven learning was a better predictor of response latencies than either n-gram frequencies or transitional probabilities. No evidence for chunking was found in Experiment 3, probably due to interspersing visual cues with the motor response. In addition, learning occurred across a greater distance in Experiment 1 than Experiment 2, suggesting that the greater predictability that comes with increased structure leads to greater learnability. These results shed new light on the mechanism responsible for sequence learning. Despite the widely held assumption that transitional probability learning is essential to this process, the present results suggest instead that the sequences are learned through a process of discriminative learning, involving prediction and feedback from prediction error. (shrink)

We bear witness to a sweeping social movement for change—fostered and driven by a powerful group of Black nurses and nursing students determined to call out and dismantle anti‐Black racism and discrimination within the profession of nursing. The Black Nurses Task Force, launched by the Registered Nurses' Association of Ontario (RNAO) in July 2020, is building momentum for long‐standing change in the profession by critically examining the racist and discriminatory history of nursing, listening to and learning from the lived experiences (...) of the Black nursing community, and shaping concrete, actionable steps to confront anti‐Black racism and discrimination in academic settings, workplaces, and nursing organizations. The Black Nurses Task Force and the RNAO are standing up and speaking out in acknowledgment of the magnitude of anti‐Black racism and discrimination that exist in our profession, health system, justice system, and economic system. This social movement is demonstrating, in actions, how individuals and a collective act as change agents to drive meaningful and widespread change for our present and future Black nurses. We also acknowledge the Black nurses who have gone before us. (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)

The Fair-Start Defense justifies affirmative action preferences as a response to harms caused by race- and sex-based discrimination. Rather than base a justification for preferences on the traditional appeal to self-esteem, I argue they are justified in virtue of the effects institutional discrimination has on the goals and aspirations of its victims. In particular, I argue that institutional discrimination puts women and blacks at an unfair competitive disadvantage by causing academic disidentification. Affirmative action is justified as a means (...) of negating this unfair disadvantage. (shrink)

Several leading theorists embrace the Simple Desert Account of Discrimination. This account involves two claims: it claims that a mismatch between what people deserve, on the one hand, and what they get, on the other hand, is (a) integral to discrimination, and (b) wrong. I shall query (a). First, I challenge what I see as the principal, positive argument for the Simple Desert Account. Second, in some cases wrongful discrimination brings about a better match between desert and what people get. (...) Situations in which this could be the case include those where: the discriminatee is a serial discriminator herself; the person wrongfully discriminated in favour of deserves greater advantages than she enjoys; by engaging in wrongful discrimination the discriminator reduces her moral deservingness and thereby the gap between her level of deservingness and her otherwise unfittingly low level of advantage. (shrink)

In Born Free and Equal: A Philosophical Inquiry into the Nature of Discrimination, Kasper Lippert-Rasmussen defends the harm-based account of the wrongness of discrimination, which explains the wrongness of discrimination with reference to the harmfulness of discriminatory acts. Against this view, we offer two objections. The conditions objection states that the harm-based account implausibly fails to recognize that harmless discrimination can be wrong. The explanation objection states that the harm-based account fails adequately to identify all of the wrong-making properties of (...) discriminatory acts. We argue that the structure of a satisfactory view cannot be outcome-focused. A more promising family of views focuses on the deliberation of the discriminator and in particular on the reasons that motivate or fail to motivate her action. (shrink)

Affirmative action is standardly pursued in relation to admissions to prestigious universities, in hiring for prestigious jobs, and when it comes to being elected to parliament. Central to these forms of affirmative action is that they have to do with competitive goods. A good is competitive when, if we improve A’s chances of getting the good, we reduce B’s chances of obtaining the good. I call this Competitive Affirmative Action. I distinguish this from Non-competitive Affirmative Action. (...) The latter has to do with non-competitive goods, e.g., being granted early parole or freedom from arbitrary arrest. I argue that some of the most prominent objections against affirmative action—in particular, the reverse discrimination objection and the merit objection—speak less against Non-competitive Affirmative Action. And that some of the most prominent arguments in favor of affirmative action, insofar as they justify Competitive Affirmative Action, also justify Non-competitive Affirmative Action. (shrink)

Recent philosophical accounts of discrimination face challenges in accommodating robust intuitions about the particular way in which it is wrongful—most prominently, the intuition that discriminatory actions intrinsically violate equality irrespective of their contingent consequences. The paper suggests that we understand the normative structure of discrimination in a way that is different from the one implicitly assumed by these accounts. It argues that core discriminatory wrongs—such as segregation in Apartheid South Africa—divide into two types, corresponding to violations of relational and distributive (...) equality; and that a pluralistic view of the internal structure of each type should be adopted. This normative structure serves to appropriately vindicate the mentioned intuitions; it also contributes to clarifying the normative underpinnings of legal concepts associated with discrimination (including the distinctions between direct and indirect, or ‘disparate treatment/impact’ discrimination, and intentional vs. unintentional discrimination), and developing a more productive public discourse around allegations of discrimination. (shrink)

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

In this paper, I argue that it is morally permissible and should be legally permissible for state and private professional schools to discriminate against women. By professional schools, I mean law, medical, and business schools. More specifically, I argue that such schools may discount womens applications to the degree that they are likely to produce less than male counterparts. The argument differs with regard to state and private institutions because of the greater moral elbowroom that private institutions have. The argument (...) for state professional schools depends on the purpose of state professional programs. If the purpose of these programs is to provide professional services to citizens, and I argue that it is, then the state professional schools are permitted to do such discounting. My argument also supports the stronger claim that state schools have an obligation to do so, but I will focus on the weaker claim. Given their wider choice of goals, private schools are also permitted to discount womens applications, but they are not obligated to do so. In this paper, then, I provide an argument for the moral permissibility of such discounting. (shrink)

Is it tautological to call an action "wrongful discrimination?" Some philosophers and political theorists answer this question in the affirmative and claim that the term "discrimination" is intrinsically evaluative. Others agree that "discrimination" usually conveys the action’s moral wrongness but claim that the term can be used in a purely descriptive way. In this paper, we present two corpus studies and two experiments designed to test whether the folk concept of discrimination is evaluative. We demonstrate that the term (...) has undergone a historical development and is nowadays no longer used purely descriptively. Further, we show that this evaluation cannot be cancelled without yielding a contradiction. We conclude that the descriptive use of "discriminatory" is a thing of the past. (shrink)

This report is the product of the Arts-and-Humanities Research Council’s Connected Communities programme. The specific project being undertaken at the University of Liverpool is entitled Philosophy of Religion and Religious Communities: Defining Beliefs and Symbols. The aim of the Liverpool project as a whole is to consider the contribution philosophy of religion can make to recent debates surrounding legal cases alleging religious discrimination. Its orienting question runs, ‘when, if ever, is it acceptable to prohibit the use of religious symbols?’. The (...) present report scrutinises in detail the way in which Article 9 of the European Convention of Human Rights has been utilised in recent judgments concerning the uses of religious symbolism. It argues that since 1995, Strasbourg jurisprudence, followed, to some extent, by domestic jurisprudence, has displayed what we call ‘the practical turn’. This we analyse as the turn away from seeing actions solely in the light of the antecedent beliefs that they manifest to seeing actions and the practices that they compose in their own right alongside beliefs. The practical turn can, we consider, be given several slightly different detailed readings. One such is that it is the turn from consideration of high-level theoretical systems of belief (such as religions), to which actions and practices are considered subservient, to consideration of individual low-level practical beliefs on an equal footing with the actions that naturally flow from them. (shrink)

At least some serial killers are psychopathic serial killers. Psychopathic serial killers raise interesting questions about the nature of evil and moral responsibility. On the one hand, serial killers seem to be obviously evil, if anything is. On the other hand, psychopathy is a diagnosable disorder that, among other things, involves a diminished ability to understand and use basic moral distinctions. This feature of psychopathy suggests that psychopathic serial killers have at least diminished responsibility for (...) what they do. In this chapter I consider whether psychopathic serial killers might be properly said to be both evil and morally responsible for their actions. I argue that psychopathic serial killers are plausibly evil in at least one recognizable sense of the term, but that they are nevertheless not likely to be responsible for many of the evils they perpetuate. (shrink)

Social Justice is a concept familiar to most Indians but one whose meaning is not always understood as it signifies a variety of government strategies designed to enhance opportunities for underprivileged groups. By tracing the trajectory of social justice from the colonial period to the present, this book examines how it informs ideas, practices and debates on discrimination and disadvantage today. After outlining the historical context for reservations for scheduled castes and scheduled tribes that began under British colonial rule, the (...) book examines the legal and moral strands of demands raised by newer groups since 1990. In addition the book shows how the development of quota policies has been significantly influenced by the nature and operation of democracy in India. It describes the recent proliferation of quota demands for reservations in higher education, private sector and for women and religious minorities in legislative assemblies. The book goes on to argue that while proliferation of demands address unequal incidence of poverty, deprivation and inequalities across social groups and communities, care has to be taken to ensure that existing justifications for quotas for discriminated groups due to caste hierarchies are not undermined. Providing a rich historical background to the subject, the book is a useful contribution to the study on the evolution of multiple conceptions of social justice in contemporary India. (shrink)

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

Affirmative action refers to positive steps taken to hire persons from groups previously and presently discriminated against. Considerable evidence indicates that this discrimination is intractable and cannot be eliminated by the enforcement of laws. Numerical goals and quotas are justified if and only if they are necessary to overcome the discriminatory effects that could not otherwise be eliminated with reasonable efficiency. Many past as well as present policies are justified in this way.

The role of digitization and globalization have changed consumers’ online buying behaviors, specifically in the times of the COVID-19 pandemic crisis. This seriously influences the online retail industry in developing countries that are already struggling to move toward digital trading through e-business. Pakistan being a developing country is no exception, and it is, therefore, pertinent to examine factors that contribute to digital trading. Employing theories of reasoned action and the technology acceptance model, this study aims to investigate how personal (...) innovativeness and perceived usefulness impact consumers’ online purchase intentions through a serial mediational model. The data were collected through an online survey from 410 respondents. Structural Equation Modeling was used to test the proposed model. This study showed significant results for the direct effect of personal innovativeness and perceived usefulness on online purchase intentions as well as the indirect serial effect via internet browsing and attitude toward online purchasing. The study results have some important practical implications for selling firms, especially in the times of COVID-19. The study suggests that online retailers should be more responsive to the aforementioned factors to facilitate consumers to spend more time browsing, which influences consumers’ interest and intention to make online purchases. As the social distancing and lockdown approaches were implemented in Pakistan and other parts of the world, the trend toward online purchases has increased. Due to this shift in the overall purchasing behavior of consumers and the potential for strong growth in e-commerce, organizations need to consider the post-COVID situation to expand their business in an online platform for addressing the future pandemic crisis. (shrink)

Racism against Black people, Indigenous and other racialized people continues to exist in healthcare and academic settings. Racism produces profound harm to racialized people. Strategies to address systemic racism must be implemented to bring about sustainable changes in healthcare and academic settings. This quality improvement initiative provides strategies to address systemic racism and discrimination against Black nurses and nursing students in Ontario, Canada. It is part of a broader initiative showcasing Black nurses in action to end racism and discrimination. (...) We have found that people who have experienced racism need healing, support and protection including trauma-related services to facilitate their healing. Implementing multi-level, multi-pronged interventions in workplaces will create healthy work environments for all members of society, especially Black nurses who are both clients/patients and providers of healthcare. (shrink)

In this paper, I argue that instead of primarily paying attention to the nature of implicit attitudes that are taken to cause implicit discrimination, we should investigate how discrimination can be implicit in itself. I propose to characterize implicit discrimination as unintentional discrimination: the person responds to facts unintentionally and often unconsciously which are, given their end, irrelevant and imply unfair treatment. The result is a unified account of implicit bias that allows for the different ways in which it can (...) display itself and can be explained. Furthermore, the view can account for the central characteristics of implicit bias: (1) that it is, for a variety of reasons, difficult to control, (2) that we are not necessarily unconscious of implicit bias but not properly conscious either, and (3) that we can unintentionally discriminate regardless of whether we claim to care about fairness. (shrink)

Fundamentally, intentions do not matter to the permissibility of actions, according to Thomas Scanlon (among others). Yet, discriminatory intentions seem essential to certain kinds of direct discrimination in hiring and firing, and appear to be something by virtue of which, in part at least, these kinds of discrimination are morally impermissible. Scanlon's account of the wrongness of discrimination attempts to accommodate this appearance through the notion of the expressive meaning of discriminatory acts and a certain view about how permissibility relates (...) to the meaning of actions. This paper explores the scope, strengths and weaknesses of this account. Specifically, it challenges the view that discrimination reflecting hierarchical value judgments necessarily involves a wrong that renders such discrimination more objectionable than other forms. (shrink)

Two cases in 2012 involved employment discrimination claims. In one, a Catholic diocese had refused to renew the contract of a teacher who had sought in vitro fertilization. In another, earlier case, a Lutheran elementary school had terminated the contract of a teacher for “damaging her working relationship” with the school by “threatening to take legal action” when she was not permitted to return to work after disability leave related to narcolepsy. In both cases, the employers have argued that (...) the employee's discrimination claims should be dismissed solely because of the religious character of the employer organization. The specific legal defenses in each suit differ somewhat, but ultimately they both rely on the First Amendment to exempt religious employers from civic responsibilities imposed by law on other private employers. (shrink)

In Faces of Inequality: A Theory of Wrongful Discrimination, Sophia Moreau embarks on a classic philosophical journey. It’s what philosophers nowadays call an explanatory project. The goal of explanatory projects is to deepen our understanding of wrongful actions and what they share in common. In this review essay, I argue that Moreau’s book embodies a valuable explanatory project and contribution to discrimination theory that ought to be on the radar of lawyers, legal theorists, and philosophers. After sketching the book’s arguments, (...) I explain why they are so refreshing. The remainder of the essay proceeds in a more critical mode. First, I argue that book’s explanatory aspirations fall short, and I sketch a framework for a more radically pluralistic theory of wrongful discrimination. This framework has the power to embrace Moreau’s compelling view that discrimination wrongs people by failing to treat them as equals while also recognizing a rich array of other discriminatory wrongs found in lived experience. Second, I argue that Faces of Inequality will disappoint readers looking for a truly inclusive account of wrongful discrimination. I end by emphasizing the book’s contribution to political philosophy and its ambition to provide a truly liberatory theory of what we owe to each other as moral and political equals. (shrink)

In this paper, I attempt to show in clear terms what I believe to be the inconsistencies inherent in adopting affirmative action as a proper philosophy for remedying the gender imbalance in contemporary African societies. I have also gestured towards the fact that apart from the issues involved in adopting affirmative action as a principle, the concept quite ironically further widens the gap it is meant to seal. In the spirit of the conversational tradition of African philosophy, I (...) excavate and interrogate a theory of equality that speaks to an indigenous Efik concept of equality. Thus, as a conversational response to the inadequacies of Affirmative Action, I have in this paper adopted ukém philosophy along with its principles of ówó and ikíkè, as an alternative model or tool for combating the ills of gender inequality. Keywords: Affirmative Action, African Philosophy, Discrimination, Gender, Ikíkè, Ukém. (shrink)

Research on gender inequality has posited the importance of gender discrimination for women’s experiences at work. Previous studies have suggested that gender stereotyping and organizational factors may contribute to discrimination. Yet it is not well understood how these elements connect to foster gender discrimination in everyday workplaces. This work contributes to our understanding of these relationships by analyzing 219 discrimination narratives constructed from sex discrimination cases brought before the Ohio Civil Rights Commission. By looking across a variety of actual work (...) settings, the analysis sheds light on the cultural underpinnings and structural contexts in which discriminatory actions occur. The analyses reveal how gender stereotyping combines in predictable ways with sex composition of workplaces and organizational policies, often through interactional dynamics of discretionary policy usage, to result in discrimination. The findings suggest the importance of cultural, structural, and interactional influences on gender discrimination. (shrink)

This paper attempts to clarify the relations between trust, agency and latent forms of discrimination. Its main argument is in social philosophy, and it articulates considerations from moral psychology and the philosophy of language. The aim is to provide a better insight into the deflated level of trustworthiness that members of stigmatized categories are credited with. Identity prejudice determining low levels of credibility for its victims has received substantial philosophical attention in the wake of the epistemic injustice literature. Instead of (...) the standard cognitive concept of trust usually brought in, I apply a moral (or agential) account of trust (drawing on Domenicucci and Holton 2017) to discriminatory issues. We can fail to trust the trustworthy (Jones 2013) in a variety of ways. When it comes to the members of discriminated categories, I argue in the first part, this happens because they are refused a necessary condition of trust: a presumption of agency. This presumption of agency, prima facie attributed to human adults, is precisely what goes wrong for the members of stigmatized groups. Not recognised as individual agents, but as mere quasi-agents, the discriminatees cannot be trusted: their trustworthiness actually becomes unthinkable. The very possibility to give reasons for or against out-group members’ trustworthiness is thus dismissed. Articulating documentality and feminist philosophy of language, the second part shows that members of stigmatized categories have their conduct described and recorded through a non-agential grammar. Once widespread and socially dominant, non-agential descriptions of their action give the discriminatees a peculiar moral status that jeopardizes the very possibility of their being recognised as trustworthy. (shrink)

An unrestricted conception of actors and their interdependence in action has now been deployed effectively in various fields of study, but the question remains how we can discriminate reasonably in our action sharing if there is more to consider than simply putting persons ahead of things. By what general practical realizations can a universal action sharer be guided? I identify four primary levels of action sharing—-coexistence, cooperation, collaboration, and communion—-showing a distinctive complex of factual and directive (...) considerations in each. I further show how three orientations in which we approach fellow actors—-need, desire, and delight—-sustain different, partly divergent and partly complementary understandings of action sharing. This analysis helps us to anticipate the character of the strongest appeal that can be made for consideration of a fellow actor. (shrink)