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Employee Job Description
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.
Employement Discrimination
 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.
You can’t
discriminate people
     on basis of
 It is illegal to discriminate against an individual
    because of :

   Birthplace
   Ancestry
   Culture and
   Linguistic characteristics common to a specific ethnic
    group.
 Physical disability of the people


 Weight discrimination


 Age discrimination


 Any diseases
Employee Job Description
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
 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;
Sections 501 and 505 of the Rehabilitation Act of 1973,
which prohibit discrimination against qualified
individuals with disabilities who work in the federal
government
 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.
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
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.
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
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
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
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
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
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
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
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
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
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)
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
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
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
CASE
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.
FACTS
 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.
DECISION
 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.

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Employee Job Description

  • 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.
  • 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.
  • 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.
  • 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.