Discrimination in the Workplace
Ethics and The Law
Allen L. McPhee
What is discrimination in the workplace?
Why does it exist?
The Dilemma of Discrimination
 Discrimination goes against the classical
model of the free enterprise system.
 Discrimination goes against the modern
canonical view of business’ social and moral
responsibilities.
The Dilemma of Discrimination
 Discrimination is treated as illegal.
 Discrimination is perceived as unethical.
Fighting Discrimination
Ethics ... The Law …
Fighting Discrimination with Ethics
Motives behind Discrimination
 Hate
 Culture
 Greed
 Misinformation
 Power
 Egotism
Other Motives???
Discrimination?…Who?...Me?...
WHITE MEN
HETEROSEXUALS
MEN
NATIONALISTS
??? YOU ???
RELIGIOUS PEOPLE
WOMEN
YOUNG PEOPLE
BLACK MEN
Reflections on Ethics
Ethics means consciously choosing to do the
right thing and then doing it.
People who recognize the need for an ethical
resolution must lead by example.
Ethics requires a willing mind and is thereby
limited to volunteers.
Fighting Discrimination with the Law
Fourteenth Amendment to the Constitution
“All persons born or naturalized in the United
States, and subject to the jurisdiction thereof, are
citizens of the United States and the State
wherein they reside. No State shall make or
enforce any law which shall abridge the
privileges or immunities of citizens of the United
nor shall any State deprive any person of life,
liberty, or property, without due process of law;
nor deny to any person within its jurisdiction the
equal protection of the laws.” –sect 1 of Amend.
Title VII of the Civil Rights Act of 1964
It is unlawful “to fail or refuse to hire or
to discharge any individual, or otherwise
to discriminate against any individual
with respect to his compensation, terms,
conditions, or privileges of employment,
because of such individual’s race, color,
religion, sex, or national origin.”
Age Discrimination in Employment Act of 1967
“It shall be unlawful for an employer...[1] to
fail or refuse to hire or to discharge any
individual or otherwise discriminate against
any individual with respect to his
compensation, term, conditions, or
privileges of employment, because of such
individual’s age...[2] limit, segregate, or
classify his employees in any way which
would deprive… employment opportunities
...because of such individual's age; or (3) to
reduce the wage rate of any employee in
order to comply with this chapter.”
American with Disabilities Act of 1990 (ADA)
“No covered entity shall discriminate
against a qualified individual with a
disability because of the disability of such
individual in regard to job application
procedures, the hiring, advancement, or
discharge of employees, employee
compensation, job training, and other
terms, conditions, and privileges of
employment.”
The Equal Employment Opportunity Commission
 The EEOC was created in 1964 as part of the
Civil Rights Act.
 Today, it is charged with enforcing and
monitoring most anti-discriminatory laws.
 It is the workhorse behind the modern
transformation of the workplace.
Affirmative Action
A type of social program that targets
institutions and intends to correct the effects
of previous discrimination in employment and
education.
It is most effectively defended with statistical
data showing major disparities in employment
and education.
Opposition to Affirmative Action
 Affirmative action is unjust because it violates
the principle of equality. (Reverse discrimination)
 Affirmative action denies individual self-esteem.
 Affirmative action is a misuse of political power.
Discrimination in the Workplace
Ethics and the Law
THE END