Job Job DiscriminationDiscrimination

Presented By: Bishal Tamrakar

DiscriminationDiscrimination

• Discrimination in its root meaning refers to the act of Discrimination in its root meaning refers to the act of distinguishing one object from another.distinguishing one object from another.

• In modern usage, the term refers to "wrongful In modern usage, the term refers to "wrongful discrimination," or distinguishing among people on the discrimination," or distinguishing among people on the basis of prejudice instead of individual merit. basis of prejudice instead of individual merit.

• E.g. – employment discrimination among religious E.g. – employment discrimination among religious groupsgroups

racial groups – Blacks & Whitesracial groups – Blacks & Whites

Job DiscriminationJob Discrimination

• Job discrimination is when business decisions, policies Job discrimination is when business decisions, policies or procedures are least partially based on illegitimate or procedures are least partially based on illegitimate forms of discrimination that benefit or harm certain forms of discrimination that benefit or harm certain group of people.group of people.

• Perfectly rational to discriminate between applicants for Perfectly rational to discriminate between applicants for a job to only those who are most qualified based on a job to only those who are most qualified based on meritmerit

Contd…Contd…

• Discrimination in employment involves three basic Discrimination in employment involves three basic elements: elements: – It must be a decision not based on individual merit. It must be a decision not based on individual merit. – The decision must derive from racial or sexual The decision must derive from racial or sexual

prejudice.prejudice.– The decision must have a harmful impact on the The decision must have a harmful impact on the

interest of employeesinterest of employees • It can be individual or institutional, intentional or It can be individual or institutional, intentional or

unintentionalunintentional

Forms of discriminationForms of discrimination

• Isolated behavior (intentional)- Isolated behavior (intentional)- – Intentionally discriminates based on personal prejudice. Intentionally discriminates based on personal prejudice. – An act may be part of the routine, institutionalized behavior An act may be part of the routine, institutionalized behavior

of a group.of a group.– The act must intentionally discriminate out of personal The act must intentionally discriminate out of personal

prejudice. prejudice. – An act may be part of the isolated behavior of a single An act may be part of the isolated behavior of a single

individual who unintentionally discriminates because he or individual who unintentionally discriminates because he or she uncriticallyshe uncritically

Contd…Contd…

• An act may be part of the systematic routine of a group An act may be part of the systematic routine of a group that unintentionally discriminates because group that unintentionally discriminates because group members uncritically incorporate the discriminatory members uncritically incorporate the discriminatory practices of society. practices of society.

• Discriminatory acts can be categorized according to the Discriminatory acts can be categorized according to the extent to which they are intentional and extent to which they are intentional and institutionalized. institutionalized.

Evidence of Job DiscriminationEvidence of Job Discrimination

• American being stereotypes about women regarding American being stereotypes about women regarding their careerstheir careers

• Stereotypes tends to bias people against women taking Stereotypes tends to bias people against women taking leadership positionsleadership positions

• Differences between men and womenDifferences between men and women

Types of EvidenceTypes of Evidence

• Statistical EvidenceStatistical Evidence• Attitudinal evidenceAttitudinal evidence

• Affirmative action (Legal Context)Affirmative action (Legal Context)

Originated in the form of somewhat recent civil right Originated in the form of somewhat recent civil right legislation.legislation.

Started in 1961Started in 1961

States that there should not be job discrimination based States that there should not be job discrimination based on color, race, religion, sex or national originon color, race, religion, sex or national origin

1963 equal pay act1963 equal pay act

1964 civil right act1964 civil right act

1967 age discrimination in employment1967 age discrimination in employment

1990 Americans with disabilities act.1990 Americans with disabilities act.

Contd…Contd…

1963 equal pay act1963 equal pay act

1964 civil right act1964 civil right act

1967 age discrimination in employment1967 age discrimination in employment

1990 Americans with disabilities act.1990 Americans with disabilities act.

• Affirmative action (Moral Context)Affirmative action (Moral Context) Arguments for affirmative actions.Arguments for affirmative actions. Necessary to break the cycle that keeps minorities & Necessary to break the cycle that keeps minorities &

women locked into poor pays, low prestige jobs.women locked into poor pays, low prestige jobs. Necessary to permit fairer competition Necessary to permit fairer competition Its defenders argue that compensatory justice demands Its defenders argue that compensatory justice demands

affirmative action programaffirmative action program Moral issues surroundings affirmative actions are Moral issues surroundings affirmative actions are

controversialcontroversial

• Affirmative action againstAffirmative action against

Injures white men & violates their rightsInjures white men & violates their rights Itself violates the principle of equalityItself violates the principle of equality Non discrimination will achieve our social goals, Non discrimination will achieve our social goals,

stronger alternative action is necessarystronger alternative action is necessary

• Comparable WorthComparable Worth Idea that women & men should be paid on the same Idea that women & men should be paid on the same

scale for doing different jobs if they involve equivalent scale for doing different jobs if they involve equivalent skills, effort & responsibilityskills, effort & responsibility

Women have been shunted into low paying jobs, that Women have been shunted into low paying jobs, that they suffer. they suffer.

From discriminating labor market & that justice From discriminating labor market & that justice requires that they receive equal pay for doing job of requires that they receive equal pay for doing job of equal worth.equal worth.

Extent of discriminationExtent of discrimination

• Average benefits Average benefits • Placing discriminated groups at lowest levels of Placing discriminated groups at lowest levels of

institutionsinstitutions• More advantageous positions to preferred onesMore advantageous positions to preferred ones

• Discrimination in USDiscrimination in US(i)(i) The income gap b/w Whites & minorities has not The income gap b/w Whites & minorities has not

decreaseddecreased

(ii)(ii) Black unemployment is more than twice as high as Black unemployment is more than twice as high as WhitesWhites

(iii)(iii) Minority poverty rate is 2-3 times of WhitesMinority poverty rate is 2-3 times of Whites

(iv)(iv) Poverty rate of families headed by women is 3 times Poverty rate of families headed by women is 3 times that of male headed onesthat of male headed ones

(v)(v) Most higher-paying jobs go to white malesMost higher-paying jobs go to white males

• Glass ceiling – an invisible, but impenetrable Glass ceiling – an invisible, but impenetrable barrier to further promotion sometimes barrier to further promotion sometimes encountered by women or minoritiesencountered by women or minorities

• Increasing problems for women & minorities Increasing problems for women & minorities (i)(i) Women & minorities make up most new Women & minorities make up most new

workersworkers(ii)(ii) Women are steered into low-paying jobs & Women are steered into low-paying jobs &

face a glass ceiling & sexual harassmentface a glass ceiling & sexual harassment

• Utilitarian arguments which claims that Utilitarian arguments which claims that discrimination leads to an inefficient use of discrimination leads to an inefficient use of human resourceshuman resources

• Rights arguments violates basic human rightsRights arguments violates basic human rights• Justice arguments which claims that Justice arguments which claims that

discrimination results in an unjust distribution of discrimination results in an unjust distribution of society’s benefits & burdenssociety’s benefits & burdens

Utility Utility

• Discriminating job applicants on the basis of race, Discriminating job applicants on the basis of race, sex, or other characteristics unrelated to job sex, or other characteristics unrelated to job performance is necessarily inefficient & contrary to performance is necessarily inefficient & contrary to utilitarian principlesutilitarian principles

• Objections encountered:Objections encountered:(i)(i) The jobs shud be assigned on the basis of job related The jobs shud be assigned on the basis of job related

qualifications only so long as such assignments will qualifications only so long as such assignments will advance the public welfareadvance the public welfare

(ii)(ii) Society as a whole may benefit from some forms of Society as a whole may benefit from some forms of sexual discriminationsexual discrimination

Rights Rights

• Discriminatory practices violate the principle Discriminatory practices violate the principle in two ways :in two ways :

(i)(i) Racial & sexual discrimination is based on Racial & sexual discrimination is based on stereotypes that see minorities as “lazy” or stereotypes that see minorities as “lazy” or “shiftless” & women as “emotional” & “shiftless” & women as “emotional” & “weak”. “weak”.

(ii)(ii) Placing members at lower positions, lower Placing members at lower positions, lower salaries & lower job opportunitiessalaries & lower job opportunities

JusticeJustice

• Principle of equal opportunity – social & Principle of equal opportunity – social & economic inequalities are to be arranged so that economic inequalities are to be arranged so that they are attached to offices & positions open to they are attached to offices & positions open to all under conditions of fair equality of all under conditions of fair equality of opportunityopportunity

Discriminating practicesDiscriminating practices

• Recruitment practices – word of mouth referrals, only Recruitment practices – word of mouth referrals, only White males, for MEN onlyWhite males, for MEN only

• Screening practices – disqualifying minority class who Screening practices – disqualifying minority class who are unfamiliar with the language, concepts & social are unfamiliar with the language, concepts & social situations in the aptitude & intelligence tests situations in the aptitude & intelligence tests

• Promotion practicesPromotion practices• Conditions of employment – less wages & salaries to Conditions of employment – less wages & salaries to

women & minorities, providing secretarial or clerical women & minorities, providing secretarial or clerical positions only, less benefitspositions only, less benefits

Sexual HarassmentSexual Harassment•Bullying & coercion nature Bullying & coercion nature •Widespread discriminationWidespread discrimination•IllegalIllegal

Types :Types :•Quid-pro-quoQuid-pro-quo•Hostile work environmentHostile work environment

Dealing with sexual harassmentDealing with sexual harassmentIncase of sexual threats or offers from Incase of sexual threats or offers from supervisors, they should immediately seek legal supervisors, they should immediately seek legal adviceadviceEmployee encountering sexually harassing Employee encountering sexually harassing behavior from coworkers should make it clear that behavior from coworkers should make it clear that behavior is unwantedbehavior is unwantedShould document the behavior & report it to the Should document the behavior & report it to the appropriate person or office in organization.appropriate person or office in organization.