You will soon be a businessperson and may be responsible for hiring, promoting, and firing people. When you do hold this position, you will need to be aware of federal and state laws that prohibit discrimination in employment. Why do you think the government has prohibited discrimination in employment? What ethical norm does the government emphasize by prohibiting discrimination in employment? The government seems to emphasize justice, in the sense that it wants all human beings to be treated equally, regardless of class, race, gender, age, and so on. Reading the following case example and answering the critical thinking questions will sharpen your thinking about laws prohibiting employment discrimination. Tom, Jonathan, and Bob were hired to work as executive secretaries at a major corporation. The other secretaries for the corporation were surprised that three men were hired as secretaries, because no man had ever before been hired as a secretary at this corporation. All secretaries were required to type 20 five-page reports each day in addition to completing work for their respective departments. After the male secretaries had been working at the corporation for approximately one month, they received pay raises. None of the female secretaries received raises.When the women asked the manager why the male secretaries had received raises, the manager claimed that the men were performing extra duties and consequently received raises.
1. The manager claimed that the men received raises because they were performing extra duties. Can you identify any potential problems in the manager’s response? Clue: What words or phrases are ambiguous in the manager’s response?
2. The female secretaries decided to bring a suit against the corporation. They claimed that they did not receive raises because of their gender. Pretend that you are a lawyer and the female secretaries have come to you with their complaint. After talking with the secretaries, you realize that you need some additional information. What additional information might be helpful in this case? Clue: The female secretaries claimed that the male secretaries received raises because they are male. Can you think of any alternative reasons why the men might have received raises?
3. You discover only one case regarding equal pay that was decided in your district. In this case, both men and women performed hard labor in a factory, but only men received offers to work during the third shift. Those employees who worked the third shift received an additional $30 per hour. The women in this factory claimed that they were not asked to work the third shift because of their gender. The factory argued that the women who worked at the factory were not physically strong enough to endure the work of the third shift. The court ruled in favor of the women. Do you think that you should use this case as an analogy? Why or why not? Clue: How are the two cases similar? How are they different?