Discrimination in the Workplace

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Discrimination in the Workplace

• Ethics and The Law
• Allen L. McPhee

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What is discrimination in the workplace?
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Why does it exist?
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The Dilemma of Discrimination

• Discrimination goes against the classical model
  of the free enterprise system.
• Discrimination goes against the modern canonical
  view of business social and moral
  responsibilities.

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The Dilemma of Discrimination

• Discrimination is treated as illegal.
• Discrimination is perceived as unethical.

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Fighting Discrimination

• Ethics ... The Law

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Fighting Discrimination with Ethics
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Motives behind Discrimination

• Hate
• Greed
• Power

• Culture
• Misinformation
• Egotism

Other Motives???
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Discrimination?Who?...Me?...
WHITE MEN
MEN
HETEROSEXUALS
NATIONALISTS
??? YOU ???
RELIGIOUS PEOPLE
BLACK MEN
YOUNG PEOPLE
WOMEN
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Reflections on Ethics

• Ethics means consciously choosing to do the
  right thing and then doing it.
• People who recognize the need for an ethical
  resolution must lead by example.
• Ethics requires a willing mind and is thereby
  limited to volunteers.

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Fighting Discrimination with the Law
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Fourteenth Amendment to the Constitution

• All persons born or naturalized in the United
  States, and subject to the jurisdiction thereof,
  are citizens of the United States and the State
  wherein they reside. No State shall make or
  enforce any law which shall abridge the
  privileges or immunities of citizens of the
  United nor shall any State deprive any person of
  life, liberty, or property, without due process
  of law nor deny to any person within its
  jurisdiction the equal protection of the laws.
  sect 1 of Amend.

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Quid Pro Quo Harassment

• A direct threat against an employees position
  Sleep with me or loose your job.
• To make sexual favors a condition of advancement
  or gain If you sleep with me, your situation in
  the company will greatly improve.

BACK
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Hostile Environment Harassment

• Asking about sexual fantasies
• Looking up and down elevator eyes
• Staring at someone
• Unwanted letters and telephone calls
• Calling co-workers hunk, babe, or honey
• Telling dirty jokes

BACK
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Women in the Workplace

• The issue of gender discrimination

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What are the unique characteristics of gender
discrimination?
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Myra Bradwell vs. Illinois - 1873

• The civil law as well as nature itself has
  always recognized a wide difference in the
  respective spheres and destinies of man and
  woman. Man is, or should be, womans protector
  and defender. The natural and proper timidity and
  delicacy which belongs to the female sex
  evidently unfits it for many of the occupations
  of civil lifeThe paramount destiny and mission
  of women are to fulfill the noble and benign
  offices of wife and mother. This is the law of
  the Creator. Justice Bradley of the U.S.
  Supreme Court

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Muller vs. Oregon -1908

• That womans physical structure and the
  performance of maternal functions place her at a
  disadvantage in the struggle for subsistence is
  obviousDifferentiated by these matters from the
  other sex, she is properly placed in a class by
  herself, and legislation designed for her
  protection may be sustained, even when the
  legislation is not necessary for men U.S.
  Supreme Court

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Ethics served as the only weapon against gender
discrimination until 1964. Tradition dictated
that men govern themselves by law while women are
to be governed by men.
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The Legal Fight Against Gender Discrimination

• The Equal Pay Act of 1963 (EPA)
• Title VII of the Civil Rights Act of 1964
• The EEOC

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Sexual Harassment

• In 1980, the EEOC defined sexual harassment as
  unwelcome sexual advances, requests for sexual
  favors, verbal and physical contact of a sexual
  nature when (1) submission to or rejection of
  such conduct is used as a basis for employment
  decisions regarding that individual

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EEOCS Definition Continued

• (2) when such harassing behavior has the
  purpose of or results in interfering with the
  individuals work performance or creates a
  hostile, intimidating, or offensive work
  environment.

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Reflections on Sexual Harassment

• Sexual Harassment is a present social problem.
  In the workplace, companies are being forced to
  train their on the legal consequences of
  violations.
• However, the true battle is the ethical one.
  Employees should choose to respect one another in
  the workplace because its right thing to do and
  it benefits all concerned.

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Title VII of the Civil Rights Act of 1964

• It is unlawful to fail or refuse to hire or to
  discharge any individual, or otherwise to
  discriminate against any individual with respect
  to his compensation, terms, conditions, or
  privileges of employment, because of such
  individuals race, color, religion, sex, or
  national origin.

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Age Discrimination in Employment Act of 1967

• It shall be unlawful for an employer...1
  to fail or refuse to hire or to discharge any
  individual or otherwise discriminate against any
  individual with respect to his compensation,
  term, conditions, or privileges of employment,
  because of such individuals age...2 limit,
  segregate, or classify his employees in any way
  which would deprive employment opportunities
  ...because of such individual's age or (3) to
  reduce the wage rate of any employee in order to
  comply with this chapter.

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American with Disabilities Act of 1990 (ADA)

• No covered entity shall discriminate against a
  qualified individual with a disability because of
  the disability of such individual in regard to
  job application procedures, the hiring,
  advancement, or discharge of employees, employee
  compensation, job training, and other terms,
  conditions, and privileges of employment.

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The Equal Employment Opportunity Commission

• The EEOC was created in 1964 as part of the Civil
  Rights Act.
• Today, it is charged with enforcing and
  monitoring most anti-discriminatory laws.
• It is the workhorse behind the modern
  transformation of the workplace.

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Affirmative Action

• A type of social program that targets
  institutions and intends to correct the effects
  of previous discrimination in employment and
  education.
• It is most effectively defended with statistical
  data showing major disparities in employment and
  education.

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Opposition to Affirmative Action

• Affirmative action is unjust because it violates
  the principle of equality. (Reverse
  discrimination)
• Affirmative action denies individual self-esteem.
• Affirmative action is a misuse of political power.

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Discrimination in the Workplace

• Ethics and the Law
• THE END