2. Discrimination
 Discrimination is the unlawful and intentional act of
unfair treatment of a person based on race, ethnicity,
sex (gender), religion, national origin, physical or
mental disability, and age. Some states have laws that
also protect against discrimination on the basis of
marital or familial status or sexual preference.

3. Employement Discrimination

4.  Employment discrimination is where a worker is
treated different (typically worse) than others in the
workforce due to their race, gender (sex), national
origin, religion, age, or disability. It can take the form
of an adverse action that affects an employee
economically like, failure to promote, demotion,
suspension, termination, or loss of benefits.
Employment discrimination can also take the form of a
hostile work environment (workplace harassment),
like verbal or physical harassment, or it can occur
when an employer fails to reasonably accommodate a
qualified employee with a disability.

5. You can’t
discriminate people
on basis of

6.  It is illegal to discriminate against an individual
because of :
 Birthplace
 Ancestry
 Culture and
 Linguistic characteristics common to a specific ethnic
group.

7.  Physical disability of the people
 Weight discrimination
 Age discrimination
 Any diseases

9. Title VII of the Civil Rights Act of 1964 (Title VII),
which prohibits employment discrimination based on
race, colour, religion, sex, or national origin.
the Equal Pay Act of 1963 (EPA), which protects men
and women who perform substantially equal work in
the same establishment from sex-based wage
discrimination

10.  the Age Discrimination in Employment Act of 1967
(ADEA), which protects individuals who are 40
years of age or older
 Title I and Title V of the Americans with
Disabilities Act of 1990, as amended (ADA), which
prohibit employment discrimination against
qualified individuals with disabilities in the private
sector, and in state and local governments;

11. Sections 501 and 505 of the Rehabilitation Act of 1973,
which prohibit discrimination against qualified
individuals with disabilities who work in the federal
government

12.  Title II of the Genetic Information Non discrimination
Act of 2008 (GINA), which prohibits employment
discrimination based on genetic information about an
applicant, employee, or former employee; and
 the Civil Rights Act of 1991, which, among other
things, provides monetary damages in cases of
intentional employment discrimination.

13. Why do employee’s hesitate to report discrimination,
workplace harassment and sexual harassment?
Answer
Fear of losing their job
Fear of retaliation
Fear of getting someone into trouble
Fear of disrupting the workplace
Fear of being accused of having no sense of humor
Fear of being embarrassed
Fear of feeling like “less of a man/woman”
Fear of not being believed.
job discrimination.mp4

14. Effects of discrimination in the
workplace:
 Discrimination in the workplace negatively affects
businesses and hurt a company's reputation.
 A business self-limits itself when it restricts
advancement to certain groups or types of employees.
 Employees are more likely to be looking for new jobs
when they feel they have been wronged.
 Sending wrong signals to potential clients can also
cause conflict because customers can sense when
employees aren't enthusiastic or don't believe in their
company.

15. Ethical Analysis
 Rights: Is there a moral right to engage in employment
discrimination? Or do people have a moral right to be
free from discrimination, thereby creating a moral
duty not to discriminate?
 To answer

16. Ethical Analysis
 Rights:
 Reversibility: I wouldn’t like it if I were victimized by
employment discrimination
 Universalizability: I can’t imagine a world in which all
employment decisions were based on false stereotypes
and prejudice instead of legitimate, job-related factors

17. Ethical Analysis
 Rights: (cont’d.):
 Respect / Free Consent: employment discrimination
does not treat the victim of the discrimination with
respect; the victim has not freely consented to be
discriminated against
 Therefore, there is no moral right to engage in
employment discrimination
 Instead, people have a moral right to be free from
discrimination, which creates the moral duty not to
engage in discrimination

18. Ethical Analysis
 Distributive Justice: Is employment discrimination
fair? Does it produce a fair distribution of benefits and
costs?
 Egalitarianism: no reason to believe discrimination
produces an equal distribution of good and harm
 Capitalism: discrimination ignores contributions

19. Ethical Analysis
 Distributive Justice (cont’d.):
 Socialism: discrimination ignores abilities and needs
(victims of discrimination likely to be among the needy)
 Libertarianism: the victims of discrimination have not
freely chosen to be among the victimized

20. Ethical Analysis
 Distributive Justice (cont’d.):
 Rawls’s Principles:
 Equal Liberty Principle: Discrimination does not provide
equal liberties
 Equal Opportunity Principle: Discrimination does not provide
equal opportunities
 Difference Principle: Discrimination does not help those in
need as much as possible
 Therefore, employment discrimination is unfair and
therefore unethical

21. Ethical Analysis
 Ethics of Care:
 A manager has a relationship with:
 Stockholders who have entrusted their investments with
management
 Customers who want good products and good services at good
prices
 Employees who want the company to be successful so they can
get good pay and benefits

22. Ethical Analysis
 Ethics of Care (cont’d.):
 A manager who doesn’t make employment decisions on
the basis of legitimate, job-related factors:
 Doesn’t hire the best qualified
 Doesn’t create incentives for good job performance
 Result: higher costs, which threatens stockholders,
customers, and employees
 Therefore, employment discrimination is unethical

23. Ethical Analysis
 Virtue Ethics:
 A manager who engages in discrimination can be
described as bigoted, biased, racist, sexist, and so forth
 These character traits are vices, not virtues
 Therefore, employment discrimination is unethical
 All 5 moral principles reach the same conclusion:
discrimination is unethical
 funny Employee Gets Fired and Flips Out -
YouTube.FLV

24. US Law
 Because employment discrimination is unethical, US
law makes it illegal when it is based on:
 Race, Color, Religion, Sex, National Origin, Age (if 40 or
older), & Disability
 Unless an exception applies
 Example: Bona Fide Occupational Qualification (BFOQ)

25. Affirmative Action
 Examples of Hiring Policies:
 Equal Employment Opportunity (EEO)
 Take extra steps to get a pool of well qualified
applicants from all groups
 Use membership in a group victimized by past
discrimination as a tie breaker
 Use membership in a group victimized by past
discrimination as a plus factor
 Quotas / Preferences / Set-Asides

26. Affirmative Action
 Arguments in favor of affirmative action:
 Compensatory justice
 Morally justified means to morally justified ends
 Speeds the process of correcting the effects of past
discrimination

27. Affirmative Action
 Arguments against affirmative action:
 Reverse discrimination
 Not compensatory justice due to mismatch
 Hurts the people it means to help
 Wal-Mart Employment Discrimination Suit -
YouTube.flv

28. CASE

29. Makky vs Chertoff
 Appeals court held that a government employee who
sued for discrimination based on his religion and
national origin had no suit as the reason for his loss of
employment was the loss of his security clearance, a
necessary condition of continued employment.

30. FACTS

31.  Makky, a Muslim, was born in Egypt and worked in the
U.S. An expert on explosives, he worked for the
Transportation Safety Administration (TSA). In 1987
he was granted “secret” level security clearance. In
1996, the clearance was upgraded to “top secret.” At
that time, he notified the government that he was a
dual citizen, also holding Egyptian citizenship. The
quality of his work was excellent. In 2003, the TSA
began to review his security clearance. His clearance
was revoked because of his failure to disclose foreign
relatives and foreign associates. The loss of his
clearance meant suspension without pay. Makky
appealed, but the administrative judge upheld the TSA
decision. He sued for discrimination based on religion
and national origin. The trial court held for the TSA.
Makky appealed.

32. DECISION

33.  Affirmed. Makky failed to establish a prima facie case
of employment discrimination given the evidence that
he no longer possessed a security clearance as required
for his position. The TSA had the right to suspend
Makky since he lacked a clearance. He was given the
reason for the loss of his clearance, which is all that is
required in such instances.