Diversity and Discrimination Chapter 11

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Diversity and DiscriminationChapter 11

• Jerry Estenson

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Positive and Negative Aspects of a Diverse
Workforce

• Positive
• Assumption that the wider the range of talent,
  experiences and abilities the greater the
  competitive advantage

• Negative
• What is acceptable and normal for some is highly
  objectionable for others
• If open system you bring in societies concerns
  with equality and discrimination

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Persistent Trends

• Women tend to make about 75 of what men in
  similar positions make
• Unemployment in among young black men is high (25
  30 percent)

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Role of business in addressing discrimination

• Passive Nondiscrimination
• Obey the law
• Utilitarian
• Make decisions based on job efficiency and skill
• Libertarian
• Jobs as property rights and therefore management
  should have a great deal of lattitude
• Affirmative Action
• Positive action to prevent or remedy
  discrimination
• People need an equal change to in a position to
  be hired
• We do no choose our race, gender or ethnic
  background

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Affirmative Action in detail

• Any policy or action, aimed at securing a more
  equal workplace, that goes beyond simple legal
  access or passive nondiscrimination, but that
  does not alter the standards or qualifications
  for employment

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Some Value Laden Terms

• Equal Opportunity- Provide legal access
  regardless of gender, race, or ethnic background
• Affirmative action positive steps to alleviate
  unequal treatment. Focus on recruitment
• Hiring AA managers
• Preferential Treatment
• Giving preference to previously disadvantaged
  person
• Form of addressing social inequality
• Selecting disadvantaged person over more
  qualified person
• Hiring disadvantaged person with only minimal
  attention to qualifications

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Preference in action

• University of Michigan Law School
• University of Michigan Undergraduate
• General Motors

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Some Validity Tests

• Is the action reasonable
• Are qualifications fair and open
• Can we measure qualifications
• Does the persons background add to or serve as a
  job qualification

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Concerns with preference

• Jobs are viewed as a social good rather than
  private property
• The process is backward looking not forward
  looking
• Violates a prima facie case that most qualified
  have a legitimate claim to employment

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Compelling arguments for preference

• Compensatory Justice
• People are paid in proportion to harm done
• People paying the claim are responsible for the
  harm done
• True victims or the actual victim is the one
  receiving compensation
• Are payments made to groups or individuals?

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Sexual Harassment

• Quid Pro Quo
• Hostile Work Place
• Judge
• Reasonable Man
• Reasonable Person
• Reasonable Woman

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Why made sexual harassment special?
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What about --

• Collegiality
• fit in
• Connections
• Strong institutional discrimination that results
  in a negative effect on a group (women and
  salaries)
• Effects on those we are trying to provide for

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Pure definition of discrimination

• The ability to make distinctions