Ethics and Employment

Discrimination in the Workplace

• Types of discrimination:

  • Legally protected classes: race, religion, national origin,, sex, age, disability, genetic information

  • Protection maybe? Gender. Sexual orientation,, gender expression only recently considered part of sex-based discrimination

  • Not protected: Martial status, appearance (unless related to one of the above), anything else (although some states have additional protection)

Types of Discrimination

• Intentional vs unintentional

• Individual vs institutional

Diversity in the workplace

• Wage and representation disparities across race, sex

  • Appears across all educational levels

  • Wage discrepancies in “gendered” industries

• Discrepancies widen as you progress higher in management structure

• Effect of intersectionalism

Possible explanations

• Holdover discriminatory attitudes

• Self-perpetuating structure of preference

• Self-selection

• Representation issues

Sexual Harassment in the Workplace

• What is sexual harassment?

  • Quid pro-quo

  • Hostile workplace

• Unintended consequences and other considerations

  • What about consensual relationships?

  • What about effect on other employees?

  • Effect on representation discrepancies

Affirmative Action

• method of remedying past/ongoing discrimination by considering minority status as preferential factor in hiring/advancement consideration. Currently not allowed by law (considered a form of reverse discrimination)

• Relationship to meritocracy

Employer/employee relationship

• Employees are considered “agents” of the employer and therefore have normal duties created by agency law:

  • Duty of loyalty

  • Duty of care

Other Issues in Employment

• Privacy rights: what expectations should employees/independent contractors when in the workplace?

  • Monitoring software/cameras/tracking apps

• Self-expression and expression of conscience

  • Appearance/dress standards

  • Political statements

  • Extracurricular activities

Right to work

• Employment at will versus property right in work

• Affirmative right to work/provide