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PHI2043S > Affirmative Action > Flashcards

Affirmative Action Flashcards

1
Q

THE EMPLOYMENT EQUITY ACT:

A
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2
Q

AFFIRMATIVE ACTION:

  • It is not unfair _______ to promote affirmative action consistent with the Act or to prefer, or exclude, any person on the ____ of _____ job requirement.
  • Designated groups: “black people” (Africans, Coloureds and Indians), women and people with ______
A

discrimination
basis of inherent
disabilities

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3
Q

What are affirmative action measures intended to ensure?

A

Affirmative action measures are … intended to ensure that suitably qualified employees from designated groups have equal employment opportunity and are equitably represented in all occupational categories and levels of the workforce.

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4
Q

What measures of affirmative action are intended to ensure equality? (4)

A
  1. identification & elimination of barriers with adverse impact on specific groups;
  2. making reasonable accommodation for people from designated groups
  3. retention, development and training of designated groups measures which
    promote diversity
  4. preferential treatment and numerical goals to ensure equitable representation
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5
Q

RACE VS. RACIALISED GROUP

  • African, Coloured, Indian, White RACE:

What are intricacies of RACE?

A

◦ group whose members differ in biologically significant ways from those of other groups

  • Gathering consensus in science that race is not a coherent scientific concept.
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6
Q
  • Race vs. Racialised group:
A

◦ group of people treated by society as though it were a race

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7
Q

What is the history of unjust legislation? (5)

A
  1. These were injustices against black people alive at the time
  2. They have also helped a legacy of disadvantage upon many black people in present day
  3. Racist unjust laws of the past
  4. Being under male rule (SA Marital Power until 1984/1988, some women 2000)
  5. Unequal property rights (home-ownership in parts of rural SA not until 2010)
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8
Q

What are the intricacies of the racist unjust laws of the past? (4)

A

◦ Disparities of wealth accumulation

◦ Geographical apartheid

◦ Disparities of social and cultural capital

◦ Psychological legacy of apartheid

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9
Q

What do the current injustices include? (4)

A

◦ Offensive and harmful assumptions around gender

◦ Unfair (sometimes illegal) employment practices

◦ Sexual harassment (including in workplace)

◦ Wage gap

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10
Q

VARIETIES OF AFFIRMATIVE ACTION: (4)

A

TOSQ

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11
Q

COMPENSATION FOR DISADVANTAGE also know as…

A

Or belief compensation.

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12
Q

Why is the phrase belief compensation AMBIGUOUS? (2)

A

◦ (1) Compensation or restitution when somebody has been wrongfully harmed

◦ (2) Compensating (adjusting) for relevant factors when interpreting what someone’s achievements say about them

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13
Q
  • The same school-leaving grade means something different in the case of: (2)
A

◦ (a) Someone who has experienced extreme educational disadvantages

◦ (b) Someone who has had all educational privileges and no disadvantages

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14
Q
  • Race, gender or disability status MAY be good proxies for educational disadvantage

Why is this NOT affirmative action?

A

‣ This is not affirmative action because it does not involve giving any applicants PREFERENCE, just interpreting their grades correctly

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15
Q

DOES AFFIRMATIVE ACTION VIOLATE THE PRINCIPLE OF EQUAL OPPORTUNITY?

(3)

A
  • P1 It is morally wrong to give people unequal opportunities to hold a job or office
  • P2 Affirmative action gives people unequal opportunities to hold a job or office
  • Therefore: C Affirmative action is morally wrong
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16
Q

What is equality of opportunity? (2)

A

(a ) Formal equality of opportunity there should be no legal barrier preventing anyone from applying for the job or office they aspire to

(b) Substantial equality of opportunity no one should face any social barrier preventing them from becoming qualified for whatever job or office they aspire to

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17
Q

What is the objective to premise one? (3)

A
  • Doesn’t mean that we should all have equal chance of getting whatever job or political office we aspire to
  • Equality of opportunity involves giving jobs to those best able to do them (leads to greater social welfare)
  • ABILITY SHOULD DETERMINE EMPLOYMENT & no one should be given special treatment
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18
Q

What is equality of opportunity based on? (2)

A

◦ The requirement that people who apply for jobs etc. should be treated CONSISTENTLY within a system which furthers valuable societal goals.

◦ Such goals include:
‣ OVERALL WELFARE & JUSTICE

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19
Q
  • Many believe some degree of affirmative action can serve the same purpose as “______________”

‣ DIVERSITY —> GREATER OVERALL _____
‣ DIVERSITY —> BETTER SERVICE DELIVERY TO _______

A

“careers open to talents”
WELFARE
COMMUNITIES

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20
Q

In premise two, what does AA attempt to break down?

A

Affirmative action may break down some of the social barriers preventing individuals from becoming qualified for and applying for the jobs they aspire to ◦ (i) Societal prejudice

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21
Q

What happens as a result of high-achieving qualified black people or women occupying leadership postions? (2x1)

A

When extremely high-achieving, highly qualified black people or women, who outshine the competition and are easily the most qualified candidate for the job, occupy visible leadership positions, this can:
- PROVIDE SOCIAL ROLE MODELS (ERODING INTERNAL BARRIERS)
- BREAK DOWN SOCIAL BARRIERS

To by systematically encouraging the generation of more role models who challenge internal and external social barrier

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22
Q

What are the characteristics of social prejudice? (3)

A

◦ (i) Societal prejudice
‣ Overt racism/sexism
‣ Averse racism: genuinely believe in equality but unconsciously harbour racial prejudice
‣ Internal psychological barriers

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23
Q

What are the features of diversity? (3)

A
  • Confrontation of opinions
  • Springs of creativity
  • Responsibility
24
Q

DIVERSITY
* Confrontation of opinions =

A

◦ More truth, more understanding of truth

25
Q

DIVERSITY
* Springs of creativity =

A

◦ Innovative hypotheses or solutions to problems spring not just from education/ training but from our experience, culture, background

‣ Thus a diverse team will be better at problem-solving

26
Q

DIVERSITY
* Responsibility =

A

◦ In a context where advantaged and disadvantaged people deliberate together, the former are more careful not to simply repeat in-group favouring or out-groups stigmatising rationalisations

‣ Thus a diverse team will be better at problem- solving

27
Q

AFFIRMATIVE ACTION AS REDRESS:

  • ______-looking vs. ______-looking justifications of affirmative action
  • To make redress to somebody is to do something for them to make up for ______ them
    badly in the past
A
  • Backward-looking vs. forward-looking

redress

28
Q

What is compensatory redress? (3)

A
  • When someone wrongfully harms you, they ought to give compensation which brings your level of welfare up to what it would have been in the absence of the wrongful harm
  • Affirmative action can do this (completely or partially) in some cases
  • But sometimes it benefits those who have not been harmed by injustice, or have been harmed least (“the least disadvantaged of the disadvantaged”)
29
Q

What is rectificatory redress? (6)

A
30
Q

AFFIRMATIVE ACTION
* A policy of affirmative action might aim to achieve several goals at once, e.g. : (4)

A

◦ Some compensation for wrongful harm

◦ Rectification of some wrongs (e.g. disadvantaging in employment and education)

◦ Achieving more substantial equality of opportunity in the future

◦ Achieving more social welfare through diversity

31
Q

What are the types of affirmative action? (4)

A
32
Q

What are the types of redress? (2)

A
33
Q

Positives of affirmative action: (2)

A
34
Q

Negatives of affirmative action: (2)

A
35
Q

What is whistleblowing?

A
  • An employee of (or someone contracted by) a business, or government department or agency, reports ( without the support of their employer) what they take to be illegal or seriously immoral practices by their employer or fellow employees.
36
Q

What are the examples of whistleblowing? (6)

A

‣ Sexual harassment
‣ Environmental damage
‣ Product safety
‣ Neglect
‣ Corruption
‣ Bribery

37
Q

What are the applications of whistleblowing? (4)

A
  • Can be internal or external
  • Personal or impersonal
  • Private or public sector
  • corporate vs. governmental
38
Q

What is the aftermath of whistleblowing?

A
39
Q

LOYALTY – against blowing the whistle

  • Why should employees be loyal to their company? (3)
A

◦ Gratitude for employment
◦ Engagement in mutually beneficial relationship with employer
◦ Identification with firm and other employees

40
Q

◦ Why would loyalty be a consideration against blowing the whistle? (2)

A

‣ PRUDENCE
‣ because consequences for whistle-blower could be disastrous, such action is not to be undertaken lightly

41
Q

What is Larmer? (2)

A

◦ Being loyal to X should be construed as promoting X’s best interests.

◦It is never in one’s best interests to act immorally

42
Q

What are the features of prudence? (5)

A
  • Dismissal or barriers to advancement
  • Blacklisting
  • Peer ostracism
  • Mental health costs
  • Threats to personal safety
43
Q

DeGeorge’s default presumption:

What are the 2 subsets?

A
44
Q

DeGeorge’s default presumption

  • Whistleblowing is by default unjustified: What are the reasons for this? (3)
A

◦ Basic considerations speak against it

◦ Whistleblowing is uncommon

◦ Conformity to the traditional presumption in the literature on whistleblowing

45
Q

What are the conditions for permissible whistleblowing? (5)

A
46
Q

THE PERMISSIBILITY CONDITIONS: (3)

A
  • (1) Threat of serious and considerable harm
  • (2) Immediate superior has been informed without result
  • (2) And (3): “without result”
  • Conditions 4-5, which generate ‘obligation’
47
Q

What does the condition of threat of serious and considerable harm involve? (2)

A

◦ Forward looking/ future-oriented (consequentialist) – focus on prevention of harm

◦ But if the harm has already occurred:
‣ Compensation
‣ Deterrent to others
‣ Justice

48
Q

What does the condition of the immediate superior has been informed without result involve? (3)

A

◦ No mention of when to investigate. (hear a rumour of a worrying practice)

◦ When should I try to confirm the rumour (and how hard should I try)?

◦ When should I try to find out whether such a practice really is hazardous?

49
Q

What should one consider “without [a] result”? (2)

A

◦ Is it really always wrong to blow the whistle if the company rectifies the situation?

◦ Consider the justifications standardly given for punishment.

50
Q
  • No sensitivity to degree of praiseworthiness.
    What does this lead to?
A
  • Thus, lack of incentive in appropriate cases.
51
Q
  • Conditions 4-5, which generate ‘obligation’:

What does this mean?

A

◦ Same insensitivity. Incentive does exist (as act is obligatory), but the appropriate attitude to such whistleblowers is left unexamined.

52
Q

What is the concept of public interest? (2)

A
  • Public interest isn’t being harmed
  • Strengthening of consumer sovereignty
53
Q

CONSUMER SOVEREIGNTY AND WHISTLEBLOWING

  • Does whistleblowing strengthen consumer sovereignty? (3)
A
  • Consumer sovereignty relies on consumers having adequate:
    ‣ I. Information
    ‣ II. Choice
    ‣ III. Capability
  • External whistleblowing can sometimes increase (i.) & (ii.)
54
Q

What are the intricacies of ANONYMOUS WHISTLEBLOWING? (2)

A
  • Individuals ought to take responsibility for their actions
55
Q

ANONYMOUS WHISTLEBLOWING =
* A company should be able to know the identity of their accuser
* But:

A

power imbalance —> unfair retaliation

56
Q

ANONYMOUS WHISTLEBLOWING =

  • Anonymous whistleblowing avenues could increase frivolous tip-offs
  • But:
A

authorities can exercise discretion

PHI2043S (4 decks)

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