THE ETHICS OF JOB DISCRIMINATION

Professor Jayashree Sadri

Nature Of Job Discrimination

• The root meaning of the term discriminate is “ to distinguish one object from another”, a morally neutral and not necessarily wrongful activity.

• However, in modern usage, the term is not morally neutral; it is usually intended to refer to the wrongful act of distinguishing illicitly among people not on the basis of individual merit but on the basis of prejudice or some invidious or morally reprehensible attitude.

Prejudicial Actions

• In this sense, to discriminate in employment is to make an adverse decision ( or set of decisions) against employees (or prospective employees) who belong to a certain class because of morally unjustified prejudice towards members of that class.

• There are usually social, cultural, religious, political, economic and ideological forces at play that encourage discrimination.

Roots of the Theory of Discrimination

John Stuart Mill identified liberty, equality and fraternity to be the three elements needed to form a moral basis for an economic society.

Jean Jacques Rousseau made these three elements the watchwords of a political movement as in the French Revolution.

Socio-Political-Economic Discrimination

Whenever the principles of liberty, equality and fraternity were violated

the conditions for socio-political-economic discrimination arose.

Hence

Any violation of liberty, equality and fraternity amounted to the act of

discrimination and that was unethical.

DISCRIMINATION IN EMPLOYMENT

• Any person willing to find work and unable to find work is considered to be unemployed.

• If a person works at a level below what he/she is capable of working at and (perhaps) consequently earns less wages is called under-employed.

• If a person works at a level above what he/she is capable of working at and (perhaps) consequently earns higher wages is called over employed.

Discrimination and Employment

• Principally there are three elements that define discrimination in employment and need to be consciously considered.

The First Element

It is a decision against one or more employees that is not based on individual merit, such as ability to perform a given

job, seniority, or other morally legitimate qualifications.

The Second Element

The decision derives solely or in part from racial or sexual prejudice, false stereotypes,or some other kind of morally unjustified attitude against members of the class to which the employee belongs.

The Third Element

The decision (or set of decisions) has a harmful or negative impact on the interests of the employees, perhaps costing them jobs, promotions or better pay.

Forms of Discrimination

- Intentional and Isolated.

- Unintentional and Institutionalized.

Who Is Discriminated Against?

The female employee who is expected to grant favors for merely holding on to a job.

The ethnic minority which is expected to be grateful just for being with others in a job situation along with others.

Why This Discrimination?• This discrimination basically arises

because those who have the power to enforce decisions are unaccountable for their prejudices.

• There is no countervailing power to prevent this abuse of power.

• The larger civil society remains a mute spectator to this malaise.

Cases of General Discrimination

• When certain races or castes are given a privilege just because of their birth.

• When certain jobs are assigned to persons simply based on their gender and this assignment is irrespective of skill.

• When where you studied or who you know determines what job you get irrespective of your abilities.

The Glass Ceiling

• When these three conditions occur the under-privileged worker faces a glass ceiling i.e., something he/she can see but cannot surpass. It is a kind of roadblock to upward progress in an organization or society at large based on pre-conceived notions of what someone is fit to perform.

Who Studies This Discrimination?

Usually it is studied by social scientists interested in the form and content of

the labor market or by demographers interested in who stays out of work and

why.

Preventing Discrimination At The Macro Level

• There must be greater socio-political awareness created by ethical politicians.

• Social workers must create pressure groups to force legislation against discrimination (positive or negative).

• The Fourth Estate (Press and TV) must highlight cases of discrimination without fear or favor.

Preventing Discrimination At The Micro Level

• The H R Department must operate as the organizational conscience keeper by enforcing ethics and governance.

• The Employee Collectivity (trade unions) must boldly and fairly take up all cases of employee discrimination (positive or negative).

• Top management must not only be ethical but also be seen to be ethical by those who observe their actions.

Preventing Discrimination At the Individual Level

• Ensuring that the manager acts fairly at all times and is transparent in these actions irrespective of who is involved.

• Ensuring that the individual is ruled by his / her morality and conscience which rises above petty considerations of race, class, religion and ideology.

• Ensuring that one does to others what one would have others done to one at all times.

CONCLUSION

Discrimination in all forms (especially in employment) is morally repugnant

and socially intolerable. The more developed the person, the organization or the society is, the lesser is the level

of discrimination.

THANK YOU