Sexual Discrimination

Individuals with disabilities face significant challenges, both physically and socially. To claim a disability, therefore, is not something one ought to do lightly. Pregnancy, however, presents a very difficult and interesting case. Pain, discomfort, and inconvenience are often daily aspects of pregnancy, and pregnancy itself can cause physical, as well as social, impediments that can substantially interfere with one's day-to-day work and life. In practice, based on our current laws concerning family leave, ailments brought on by pregnancy can be cited (...) as a temporary disability in certain circumstances. However, the kind of "pregnancyrelated disability" that is built into such leave policies and laws falls short of... (shrink)

The recent spectacular progress in assisted reproductive technologies (ARTs) has resulted in new ethical dilemmas. Though women occupy a central role in the reproductive process, within the ART paradigm, the importance accorded to the embryo commonly surpasses that given to the mother. This commentary questions the increasing tendency to position the embryonic subject in an antagonistic relation with the mother. I examine how the mother’s reproductive autonomy is compromised in relation to that of her embryo and argue in favour of (...) doing away with the subject-object dyad between them, particularly in the contexts of surrogacy and abortion. I also engage with the Surrogacy (Regulation) Bill, 2016. A critical discussion of the privacy judgment passed by the Supreme Court of India helps examine how personal autonomy of the body and mind extends to include the reproductive autonomy of women as well. (shrink)

Statistical evidence is crucial throughout disparate impact’s three-stage analysis: during (1) the plaintiff’s prima facie demonstration of a policy’s disparate impact; (2) the defendant’s job-related business necessity defense of the discriminatory policy; and (3) the plaintiff’s demonstration of an alternative policy without the same discriminatory impact. The circuit courts are split on a vital question about the “practical significance” of statistics at Stage 1: Are “small” impacts legally insignificant? For example, is an employment policy that causes a one percent disparate (...) impact an appropriate policy for redress through disparate impact litigation? This circuit split calls for a comprehensive analysis of practical significance testing across disparate impact’s stages. Importantly, courts and commentators use “practical significance” ambiguously between two aspects of practical significance: the magnitude of an effect and confidence in statistical evidence. For example, at Stage 1 courts might ask whether statistical evidence supports a disparate impact (a confidence inquiry) and whether such an impact is large enough to be legally relevant (a magnitude inquiry). Disparate impact’s texts, purposes, and controlling interpretations are consistent with confidence inquires at all three stages, but not magnitude inquiries. Specifically, magnitude inquiries are inappropriate at Stages 1 and 3—there is no discriminatory impact or reduction too small or subtle for the purposes of the disparate impact analysis. Magnitude inquiries are appropriate at Stage 2, when an employer defends a discriminatory policy on the basis of its job-related business necessity. (shrink)

In ‘Aeon’ magazine, 2 August 2017, Professor Paul Russell maintains that identities such as race, gender and sexual orientation have equal ethical standing because they cannot be discarded and they are not constituted by beliefs, values or practices. We should, he says, resist attempts to present those who identify as gay as making a choice and affirming certain values and practices that they are capable of shedding. However, such identities can be discarded and they are in part constituted by beliefs, (...) values or practices. Russell’s defence of homosexual equality, because it focuses on the inclination to homosexuality, is pointless and useless. A proper defence of homosexual equality focuses on homosexual lifestyles and argues that the choice of such lifestyles is not wrong. Whether people who choose homosexual lifestyles do so because of a natural and unchangeable inclination, or whether environment or choice plays a part in bringing about that inclination, is an interesting question for science but of no concern for politics. (shrink)

Research suggests that interventions involving extensive training or counterconditioning can reduce implicit prejudice and stereotyping, and even susceptibility to stereotype threat. This research is widely cited as providing an “existence proof” that certain entrenched social attitudes are capable of change, but is summarily dismissed—by philosophers, psychologists, and activists alike—as lacking direct, practical import for the broader struggle against prejudice, discrimination, and inequality. Criticisms of these “debiasing” procedures fall into three categories: concerns about empirical efficacy, about practical feasibility, and about the (...) failure to appreciate the underlying structural-institutional nature of discrimination. I reply to these criticisms of debiasing, and argue that a comprehensive strategy for combating prejudice and discrimination should include a central role for training our biases away. (shrink)

Migrant women are often stereotyped. Some scholars associate the feminization of migration with domestic work and criticize the “care drain” as a new form of imperialism that the First World imposes on the Third World. However, migrant women employed as domestic workers in Northern America and Europe represent only 2% of migrant women worldwide and cannot be seen as characterizing the “feminization of migration”. Why are migrant domestic workers overestimated? This paper explores two possible sources of bias. The first is (...) sampling: conclusions about “care drain” are often generalized from small samples of domestic workers. The second stems from the affect heuristic: imagining children left behind by migrant mothers provokes strong feelings of injustice which trump other considerations. The paper argues that neither source of bias is unavoidable and finds evidence of gender stereotypes in the “care drain” construal. (shrink)

The theme of this book is that the gay community has stereotyped itself and has imposed a conformity upon its members that stifles their development and forces them to suppress aspects of themselves that do not fit the approved model of the gay lifestyle. The review focuses on, and criticises, Peter Tatchell's contribution.

This study examines the representations of male and female social actors in selected Iranian EFL (English as a Foreign Language) textbooks. It is grounded in Critical Discourse Analysis and uses van Leeuwen’s Social Actor Network Model to analyze social actor representations in the gendered discourses of compulsory heterosexuality. Findings from the analysis show that the representations endorse the discourse of compulsory heterosexuality which is an institutionalized form of social practice in Iran. Three male and three female students were interviewed to (...) find out what they think about these representations. Their responses with regard to whether they think textbooks should also include representations of other forms of sexuality were non-committal and vague. To them LGBT people are the ‘‘Other’’ practicing a form of sexuality that is not normal. Such exclusions could obscure the reality regarding the existence of such gender identities and represent the world in a particular manner. (shrink)

This research investigates the representations of gendered social actors within the subversionary discourse of equal educational opportunities for males and females in Iranian English as a Foreign Language (EFL) books. Using critical discourse analysis (CDA) as the theoretical framework, the authors blend van Leeuwen’s (Texts and practices: Readings in critical discourse analysis, Routledge, London, 2003) ‘Social Actor Network Model’ and Sunderland’s (Gendered discourses, Palgrave Macmillan, Hampshire, 2004) ‘Gendered Discourses Model’ in order to examine the depictions of male and female social (...) actors within this gendered discourse. The gendered discourse of equal opportunities was buttressed by such representations within a tight perspective in proportion to gender ideologies prevailing in Iran. Resorting to CDA, we can claim that resistance against such gendered discourse in Iranian EFL textbooks militates against such gender norms. These representations of male and female social actors in school books are indicative of an all-encompassing education, reinforcing that the discourse of equal opportunities is yet to be realized in the education system of Iran. (shrink)

This essay responds to the criticism that contemporary efforts to redress discrimination and inequality are overly individualistic. Critics of individualism emphasize that these systemic social ills stem not from the prejudice, irrationality, or selfishness of individuals, but from underlying structural-institutional forces. They are skeptical, therefore, of attempts to change individuals’ attitudes while leaving structural problems intact. I argue that the insistence on prioritizing structural over individual change is problematic and misleading. My view is not that we should instead prioritize individual (...) change, but that individual changes are integral to the success of structural changes. These theorists urge a redirection of attention, claiming that we should think less about the individual and more about the social. What they should urge instead is that we think differently about the individual, and thereby think differently about the social. (shrink)

How do cognition and affect interact to produce action? Research in intergroup psychology illuminates this question by investigating the relationship between stereotypes and prejudices about social groups. Yet it is now clear that many social attitudes are implicit. This raises the question: how does the distinction between cognition and affect apply to implicit mental states? An influential view—roughly analogous to a Humean theory of action—is that “implicit stereotypes” and “implicit prejudices” constitute two separate constructs, reflecting different mental processes and neural (...) systems. On this basis, some have also argued that interventions to reduce discrimination should combat implicit stereotypes and prejudices separately. We propose an alternative framework. We argue that all putative implicit stereotypes are affect-laden and all putative implicit prejudices are “semantic,” that is, they stand in co-activating associations with concepts and beliefs. Implicit biases, therefore, consist in “clusters” of semantic-affective associations, which differ in degree, rather than kind. This framework captures the psychological structure of implicit bias, promises to improve the power of indirect measures to predict behavior, and points toward the design of more effective interventions to combat discrimination. (shrink)

In “Non-self, Agency, and Women: Buddhism’s Modern Transformation,” Ann A. Pang-White argues that “non-self (anātman 無我)” and “emptiness (śūnyatā 空)” necessarily entail nonduality. Buddha nature is neither male nor female. Nonetheless, conflicting teachings are found in various Theravada and Mahayana texts. The more conservative texts have historically resulted in long-standing patriarchal practices: Buddhist nuns receive much less respect and financial support than monks, often facing the possibility of extinction. In Taiwan, however, in a complete reversal, Buddhist nuns outnumber male monks (...) in an astonishing 75 percent to 25 percent ratio, with the largest number of Buddhist nuns in the world. Many Taiwanese nuns are highly educated and socially engaged activists. Nonetheless, to assert one’s autonomy to become a nun is extremely difficult in a Confucian society. How do Taiwanese women, society, and Buddhism mutually transform each other? In addition to an analysis of selected essential Buddhist texts, Pang-White investigates two Buddhist communities of women to shed light on Buddhism’s modern transformation. She concludes that to reform Buddhism from within is not only theoretically possible but also practically achievable. (shrink)

Hugh LaFollette has proposed that in order to prevent statistically expected harm that many parents inflict on their children prospective parents should be licensed. This article evaluates his proposal by looking at various facts, statistical data and probability estimates related to sex differences in human mating and parenting behaviour provided by evolutionary psychology. It is suggested that these evolutionary considerations create a serious stalemate between certain basic moral principles to which LaFollette subscribes, thus rendering the entire proposal morally impracticable. It (...) is also argued along similar lines that parental licensing would endanger some of the most personal and intimate human relationships that, in LaFollette’s view, are essential for developing one’s capacity for impartial morality. (shrink)

There are many grounds to object to tokenism, but that doesn’t mean we should always avoid being the token woman, argues Anca Gheaus.

This article explores two related widespread mistakes in thinking about sexual harassment. One is a mistake made by philosophers doing philosophical work on the topic of sexual harassment: an excessive focus on attempting to define the term ‘sexual harassment’. This is a perfectly legitimate topic for discussion and indeed a necessary one, but its dominance of the literature has tended to prevent philosophers from adequately exploring other topics that are of at least equal importance, particularly that of bystanders' responsibilities. The (...) other mistake is one made not just by philosophers but by most people attempting to deal with real-world behaviour that is either sexual harassment or closely related to sexual harassment: an excessive focus on whether or not formal charges of sexual harassment are possible or appropriate. (This is clearly related to the first mistake in that a part of deciding whether charges are appropriate is deciding whether the behaviour meets the definition of sexual harassment.) I argue that these are not merely unfortunate errors in attempting to conceptualise certain problematic behaviours; they have extremely damaging real world effects. (shrink)

This chapter discusses gender in relation to the most influential current accounts of distributive justice. There are various disparities in the benefits and burdens of social cooperation between women and men. Which of these, if any, one identifies as indicative of gender injustice will depend on the theory of distributive justice that one endorses. Theoretical decisions concerning the role of personal responsibility, the goods whose distribution is relevant for justice, and the site of justice - institutions-only or individual behaviour, too (...) - all influence how one thinks about gender justice. (shrink)

Both liberals and feminists have long criticized the paternalistic approach to prostitution found in most jurisdictions in the U.S. In his recent book Prostitution and Liberalism, Peter de Marneffe defends just such an intervention, arguing that the demonstrated harmfulness of a life of prostitution justifies paternalistic policies aimed at reducing the number of women who are involved in it. Although de Marneffe does not endorse the prohibitionist approach typical in the U.S., he argues that the best reasons for alternative approaches (...) to the practice (including some forms of regulated legalization) are necessarily paternalistic. In my paper, I question de Marneffe’s contention that the strongest reasons for state intervention with regard to prostitution are paternalistic in nature. I argue that reasonable state action toward prostitution is best understood not as a paternalistic intervention to remedy some moral or epistemological failure on the part of prostitutes, but rather as an attempt to advance the interests of vulnerable parties more generally concerning what they reasonably desire but could not otherwise ensure. I further argue that such an approach might favor abolitionist over regulatory policies, depending upon how the vulnerable class is defined. (shrink)

When Mill published The Subjection of Women in 1869 he wanted to replace the domination of one sex by the other laws based on ‘a principle of perfect equality’. It is widely complained, however, that even advanced countries have still failed to achieve equality between the sexes. Power and wealth and influence are still overwhelmingly in the hands of men. But equalities of these kinds are not the ones required by the principle of equality that Mill had in mind; and, (...) furthermore, a principle that demanded them would actually be incompatible with Mill’s. The conclusion is not, however, that social policies dealing with men and women are all they should be. It is just that although the fundamental problems of feminism could be – and to a considerable extent still can be – expressed in terms of requirements for justice and equality, we have now reached a stage where concentrating on these ideas can distort the real problems, and may actually impede the kind of progress that is needed. (shrink)

The metaphor of “care drain” has been created as a womanly parallel to the “brain drain” idea. Just as “brain drain” suggests that the skilled migrants are an economic loss for the sending country, “care drain” describes the migrant women hired as care workers as a loss of care for their children left behind. This paper criticizes the construction of migrant women as “care drain” for three reasons: 1) it is built on sexist stereotypes, 2) it misrepresents and devalues care (...) work, and 3) it misses the opportunity for a theoretical change about how skills in migration contexts can be understood. (shrink)

Gender greatly impacts access to opportunities, potential, and success in corporate leadership roles. We begin with a general presentation of why such discussion is necessary for basic considerations of justice and fairness in gender equality and how the issues we raise must impact any ethical perspective on gender in the corporate workplace. We continue with a breakdown of the central categories affecting the success of women in corporate leadership roles. The first of these includes gender-influenced behavioral factors, such as the (...) requirements and expectations of gendered verbal and nonverbal communication styles as well as appearance. We move on to address the impact of family on corporate leadership opportunities and success, discussing the asymmetrical evaluation of an individual’s potential, authority, and competence based on gender stereotypes of familial obligations and expectations. Finally, we address how gender impacts access to networking and sponsorship opportunities and the long-term effects of systematic limitations on women’s inclusion in the upper echelons of corporate leadership. We conclude with a summary of the questions and issues raised by our discussion and direct individuals to consider how different ethical systems and moral requirements might influence their interpretations of gender and leadership in the corporate workplace. (shrink)

In this article I will argue that in the last years the way of thinking about gender has undergone a change. I believe that in the Iranian public discourse, ‘the woman question’ has come to be viewed as part of the question of democracy. This is a recent development; until very recently, women’s legal discrimination was perceived in Iranian discourse as a ‘women’s only’ problem.

Discrimination might be considered unjust on account of the comparative disadvantage it imposes, the absolute disadvantage it imposes, the disrespect it shows, or the prejudice it shows. This article argues that each of these accounts overlooks some cases of unjust discrimination. In response to this state of affairs we might combine two or more of these accounts. A promising approach combines the comparative disadvantage and absolute disadvantage accounts.

"The writer discusses the concept of kitsch. Having reviewed a variety of approaches to kitsch, he posits an historical conception of it, connecting it to modernity and defining it as a coping-mechanism for modernity. He thus suggests that kitsch is best understood as a tool in the struggle against the particular stresses of the modern world and that it uses materials at hand, fashioning from them some sort of stability largely through projecting images of nature, stasis, and continuity. He discusses (...) the relation of kitsch to fine art, arguing that fine art also has as its primary function a counter-movement to modernity. He suggests that the main difference between fine art and kitsch is that fine art, as well as its emotional function, also involves a reception context that allows it to assume an intellectual task. Among the writer's conclusions, he finds that positing a stark or absolute contrast between kitsch and fine art is unjustifiable as both have the same roots and objectives." [WilsonWeb]. (shrink)