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Chapter 7
Discrimination and Affirmative Action
CHAPTER SUMMARY
The ethical issues surrounding discrimination and affirmative action are problematic.
Rights figure prominently in these issues—both the rights of people who have been
victimized by discrimination and the rights of people who now bear the burden of correcting
past wrongs.
Although affirmative action is often discussed in terms of being a remedy for past
discrimination, it does have a contemporary purpose of addressing current discriminatory
practices. One need only look at the persistent underrepresentation of certain groups in today’s
workforce population to see that discrimination is still prevalent in society. Disparities exist and
are evident in the high unemployment rates among veterans and the disabled, for example. Serious
pay disparities also exist with respect to race and gender.
Justice requires that people who
have
been wronged be compensated in some way and that all people be treated equally, but
the
concepts of just compensation and of equal opportunity or equal treatment are subject
to
differing interpretations. There are many approaches to remedying past and
present discrimination. Not everyone agrees on which approach best
addresses discrimination in a most fair and equitable manner. Arguments
based on utility provide strong support for
antidiscrimination and affirmative-action
policies; however, the benefits of any given policy
must be weighed against the potential
harms that may result. The ideal of a nondiscriminatory society is clear, but
the pathway to
7.1: Explain the meaning of discrimination in employment, the legal distinction between
disparate treatment and disparate impact, and the various forms of discrimination
7.2: Define how sexual harassment and the distinct forms of sexual harassment
constitute acts of discrimination
7.3: Apply and contrast arguments against discrimination that are based on
utilitarianism, Kantian ethics, and principles of justice
7.4: Recommend steps and measures a company can take to help ensure that its hiring
and promotion processes are nondiscriminatory
7.5: Analyze the various issues, arguments, and problems associated with affirmative action
plans and court decisions
SUGGESTED DISCUSSION PROMPTS
2.
Is sexual harassment a form of discrimination, or should it be identified as something
5.
Is affirmative action a sufficient measure for correcting discrimination? Is it
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1.
Discrimination is widely considered unethical largely because it is .
A.
unjust
B.
illegal
C.
harmful
D.
merited
7.1: Explain the meaning of discrimination in employment, the legal distinction between
disparate treatment and disparate impact, and the various forms of discrimination
Difficulty Level: Moderate
Skill Level: Analyze
2.
It is not generally illegal to discriminate on the basis of ___.
A.
sex
B.
age
C.
ability
D.
nationality
Difficulty Level: Easy
Skill Level: Understanding
3.
Employers can be found guilty of discrimination ___.
A.
only if they intend to discriminate
B.
any time an employee feels discriminated against
C.
if the effects were just as though discrimination had occurred
D.
even if they have not transgressed a particular law
Difficulty Level: Easy
Skill Level: Understanding
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4.
An employer can successfully defend a religious discrimination claim by .
A.
showing that an accommodation request is unreasonable and would cause
inconvenience to the employer
B.
showing that an accommodation request is unreasonable and would cause
undue hardship to the employer
C.
showing that an accommodation request is unreasonable
D.
showing that an accommodation request would cause an undue hardship to the
employer
Difficulty Level: Easy
Skill Level: Understanding
5.
Sexual harassment can be a form of discrimination .
A.
when it involves prejudice
B.
only when it is a condition for employment
C.
any time sex is not a qualification
D.
when it involves a hostile work environment
Difficulty Level: Easy
Skill Level: Understanding
6.
A utilitarian in opposition to discrimination would say that discrimination is wrong
because
.
A.
it makes productivity suffer
B.
it violates the right to privacy
C.
it violates human dignity
D.
it is unfair
Difficulty Level: Moderate
Skill Level: Analyze
7.
A nonconsequentialist might argue against discrimination on the basis of .
A.
the disadvantage it gives to minorities
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B.
the harm that it does to society
C.
its damage to the economy
D.
its being unjust
Difficulty Level: Moderate
Skill Level: Analyze
8.
When a superior uses the power of the position to grant or deny employment
benefits unless a subordinate employee agrees to sexual favors, this is considered
________.
A.
hostile working environment harassment
B.
reasonable person harassment
C.
quid pro quo harassment
D.
economic loss harassment
Difficulty Level: Easy
Skill Level: Understanding
9.
One who supports affirmative action on the basis of compensation would argue on
the basis of .
A.
fairness
B.
justice
C.
benefits
D.
consequences
Difficulty Level: Moderate
Skill Level: Analyze
10.
On what basis might one argue that affirmative action hurts those it is designed to
help?
A.
It ensures minorities, women, veterans, and the disabled are hired on a basis
other than their qualifications.
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B.
People can always find ways to get around affirmative action policies.
C.
Affirmative action programs could give minorities, women, veterans, and the
disabled too many positions.
D.
It is unjust to those who are qualified but not minorities or those who belong to
other protected groups such as women, veterans, and the disabled.
Difficulty Level: Moderate
Skill Level: Analyze
Essay Questions
1.
7.2: Define how sexual harassment and the distinct forms of sexual harassment
constitute acts of discrimination
Difficulty Level: Easy
Skill Level: Understanding
2.
How do people draw the line between job specifications that require