Sandra Acker; Sex Discrimination in Education: a reply to Shaw, Journal of Philosophy of Education, Volume 15, Issue 1, 30 May 2006, Pages 107–118, https://doi.

We examine whether sex discrimination contributes to the underrepresentation of female executives in large corporations. China’s strong cultural preference for sons has made newborn boys greatly outnumber newborn girls. Using the male-to-female sex ratio at birth as the proxy for discrimination against women, we find that firms headquartered in more discriminatory areas hire fewer female executives. Even conditional on a woman reaching an executive position, she faces a higher likelihood of dismissal and receives lower compensation than her male (...) counterparts. Overall, our findings suggest that sex discrimination plays an important role in preventing women from climbing the corporate ladder. (shrink)

This paper examines the problem of selecting a number of candidates to receive a good (admission) from a pool in which there are more qualified applicants than places. I observe that it is rarely possible to order all candidates according to some relevant criterion, such as academic merit, since these standards are inevitably somewhat vague. This means that we are often faced with the task of making selections between near-enough equal candidates. I survey one particular line of response, which says (...) that we should allow our choice of borderline candidates to be guided by non-relevant criteria such as gender-balancing. I argue that this would not, as commonly objected, be a case of sex discrimination if it is to be applied either in favour of men or women. Nonetheless, I argue that such policies are problematic because they violate the demand for publicity, which is required for legitimacy and to assure everyone that discrimination has not in fact taken place. Instead, I suggest that, if we are concerned to avoid discrimination, there may be a case for using lotteries as tie-breakers, not on grounds of fairness but to prevent taint of bias. (shrink)

abstract This paper examines the problem of selecting a number of candidates to receive a good (admission) from a pool in which there are more qualified applicants than places. I observe that it is rarely possible to order all candidates according to some relevant criterion, such as academic merit, since these standards are inevitably somewhat vague. This means that we are often faced with the task of making selections between near‐enough equal candidates. I survey one particular line of response, which (...) says that we should allow our choice of borderline candidates to be guided by non‐relevant criteria such as gender‐balancing. I argue that this would not, as commonly objected, be a case of sex discrimination if it is to be applied either in favour of men or women. Nonetheless, I argue that such policies are problematic because they violate the demand for publicity, which is required for legitimacy and to assure everyone that discrimination has not in fact taken place. Instead, I suggest that, if we are concerned to avoid discrimination, there may be a case for using lotteries as tie‐breakers, not on grounds of fairness but to prevent taint of bias. (shrink)

This book is about how the systematic application of some basic principles of applied ethics yields some surprising and very unpopular results. In particular, Kershnar investigate three areas: sex, discrimination, and violence. The book argues that the following are some permissible in theory and practice. (1) Adult-child sex (2) Watching rape-pornography (3) State universities discriminating against women (4) The U.S. denying welfare to immigrants (5) Interrogational torture (6) Assassination In addition, the book argues that different races likely have different (...) per capita moral value and that equal opportunity is not valuable. These controversial conclusions will no doubt spur animated and thoughtful discussion amongst readers. (shrink)

B Shaw; Sex Discrimination in Education: theory and practice, Journal of Philosophy of Education, Volume 13, Issue 1, 30 May 2006, Pages 33–40, https://doi.org/.

Job evaluation systems are becoming increasingly important in Europe to counter sex‐discrimination, but evaluation criteria can themselves be discriminatory. Dr Jeanne de Bruijn is Professor in Women and Policy at the Free University of Amsterdam.

Job evaluation systems are becoming increasingly important in Europe to counter sex‐discrimination, but evaluation criteria can themselves be discriminatory. Dr Jeanne de Bruijn is Professor in Women and Policy at the Free University of Amsterdam.

ABSTRACT The public controversy over sex‐based differentials in insurance pricing makes heavy use of terms like ‘fairness’ and ‘discrimination’; in particular, both sides argue that their position is the one dictated by considerations of fairness. Appeal to a basic principle of distributive justice shows that these differentials are not fair. Nevertheless, there is a substantial ethical argument to be made for the industry's status quo, based on the liberty of the low‐risk insurees. The paper considers an alternative reform proposal, (...) with a qualitatively different freedom cost; seven factors are then identified as useful in evaluating the trade‐off between the freedom and justice at stake in any questionable insurance classification variable. A brief concluding section attempts to generalise this analysis to provide a broad framework for the analysis of other discrimination issues. (shrink)

This paper explores the psychological phenomena of sex stereotypes and their consequences for the occurrence of sex discrimination in work settings. Differential conceptions of the attributes of women and men are shown to extend to women and men managers, and the lack of fit model is used to explain how stereotypes about women can detrimentally affect their career progress. Commonly-occurring organizational conditions which facilitate the use of stereotypes in personnel decision making are identified and, lastly, data are provided demonstrating (...) the way in which affirmative action programs and practices can act to promote the stereotyping of women suggesting, that rather than being a remedy for sex discrimination, such programs might in fact be another contributor to the problem. Conclusions focus on the importance of attending to the role sex stereotypes play in hindering women's career progress when procedures to combat sex discrimination in organizations are designed and implemented. (shrink)

Ethical decisions are contextualized in the dialectic of a multidimensional system, including situation, setting, culture, and generation. There may be further gaps between the ethical considerations of professionals and folk values. The experience of promoting equal opportunities in Hong Kong illustrates some of these challenges. Whereas the rule of law under a Western legal system advocates human rights, the traditional emphasis on harmony and preference for balancing in conflict resolution underlie the gaps in the interpretation of these ideals. The case (...) of the Hong Kong secondary school places allocation system highlights the conflicting perspectives of law, gender stereotypes, psychological knowledge, as well as ethical principles of justice and fairness in promoting equal opportunities in educational assessment and placement. The cultural perspective highlighted in this case illustrates the complex contexts of ethical decisions. (shrink)

Feminist critics of the stigmatization of prostitution such as Martha Nussbaum and Sybil Schwarzenbach argue that the features of the practice do not, or at least need not, differ essentially from those of other more respected sorts of labor. I argue that even the least degraded forms of the current practice of prostitution remain objectionable on feminist grounds because patrons demand a semblance of sexual self-expression that engages discriminatory beliefs about women's sexuality.

Unjustifiable assumptions about sex and gender roles, the untamable potency of maleness, and gynophobic notions about women's bodies inform and influence a broad range of policy-making institutions in this society. In December 2004, the U.S. Court of Appeals for the Sixth Circuit continued this ignoble cultural pastime when they decided Everson v. Michigan Department of Corrections. In this decision, the Everson Court accepted the Michigan Department of Correction's claim that “the very manhood” of male prison guards both threatens the safety (...) of female inmates and violates the women's “special sense of privacy in their genitals” and declared that sex-specific employment policies for prison guards is not impermissibly discriminatory. I believe that the Court's decision relies on unacceptable stereotypes about sex, gender and sexuality and it significantly undermines Title VII's power to end discriminatory employment practices. (shrink)

In Gebser v. Lago Vista Independent School District, the Supreme Court set an exacting standard for establishing institutional liability under Title IX for a teacher sexually harassing a student. That standard, rejecting the simple application of agency principles and instead requiring a student to notify the school of the harassment and then the school to be deliberately indifferent to the student's complaints, has been inconsistently applied by lower courts faced with other, non-harassment forms of sex discrimination under Title IX. (...) In other areas of the law, the Supreme Court has regularly applied well-established federal common-law agency principles to statutes when determining liability issues. This Article argues that, when faced with Title IX non-harassment claims, courts should do the same because the policy reasons that offer the only reasonable explanation of the result in Gebser are not present in cases of non-harassment sex discrimination in schools and because non-harassment sex discrimination lies at the heart of Title IX's prohibition of sex discrimination in federally funded educational institutions. (shrink)

In this paper I consider the role of freedom in the justification of prohibitions on discrimination. As a case study, I focus mainly on U.S. constitutional and employment law and, in particular, restrictions on sex-stereotyping. I present a new argument that freedom can play at least some important role in justifying these restrictions. Not just any freedom, I claim: the Millian freedom to challenge existing stereotypes and contribute to social change. This ‘social change account’, I argue, can be a (...) useful supplement to the existing theories where their explanations run out. It also draws support from familiar liberal justifications for speech and other liberties, and provides an attractive role for the courts. (shrink)

Beverley Shaw; Sexual Discrimination and the Equal Opportunities Commission: ought schools to eradicate sex stereotyping?, Journal of Philosophy of Education, V.

The present study examined the relationship between left–right discrimination (LRD) performance and handedness, sex and cognitive abilities. In total, 31 men and 35 women – with a balanced ratio of left-and right-handers – completed the Bergen Left–Right Discrimination Test. We found an advantage of left-handers in both identifying left hands and in verifying “left” propositions. A sex effect was also found, as women had an overall higher error rate than men, and increasing difficulty impacted their reaction time more (...) than it did for men. Moreover, sex interacted with handedness and manual preference strength. A negative correlation of LRD reaction time with visuo-spatial and verbal long-term memory was found independently of sex, providing new insights into the relationship between cognitive skills and performance on LRD. (shrink)

U.S. Food and Drug Administration policy prohibits blood donation from men who have had sex with men even one time since 1977. Growing moral criticism claims that this policy is discriminatory, a claim rejected by the FDA. An overview of U.S. blood donation, recent donor deferral policy, and the conventional ethical debate introduce the need for a different approach to analyzing discrimination claims. I draw on an institutional understanding of injustice to discern and describe five features of the MSM (...) policy and its FDA context that contribute to its discriminatory effect. I note significant similarities in the 1980s policy of deferring Haitians, suggesting an historical pattern of discrimination in FDA deferral policy. Finally, I point to changes needed to move toward a nondiscriminatory deferral policy. (shrink)

In Beyond Comparison: Sex and Discrimination Timothy Macklem addresses foundational issues in the long-running debate in legal, political and social theory about the nature of gender discrimination. He takes the highly original and controversial view that the heart of discrimination lies not in the unfavorable comparisons with the treatment and opportunities that men enjoy but rather in a denial of resources and opportunities that women need to lead successful and meaningful lives as women. Therefore, to understand what (...) women need we must first understand what it is to be a woman. By displaying an impressive command of the feminist literature as well as intellectual rigor, this work promises to be a milestone in the debate about gender equality and will interest students and professionals in the areas of legal theory and gender studies. (shrink)

The concept of non-discrimination has been central in the feminist challenge to gendered violence within international human rights law. This article critically explores non-discrimination and the challenge it seeks to pose to gendered violence through the work of Judith Butler. Drawing upon Butler’s critique of heteronormative sex/gender, the article utilises an understanding of gendered violence as effected by the restrictive scripts of sex/gender within heteronormativity to illustrate how the development of non-discrimination within international human rights law renders (...) it ineffective to challenge gendered violence due to its own commitments to binarised and asymmetrical sex/gender. However, the article also seeks to encourage a reworking of non-discrimination beyond the heteronormative sex binary through employing Butler’s concept of cultural translation. Analysis via the lens of cultural translation reveals the fluidity of non-discrimination as a universal concept and offers new possibilities for feminist engagement with universal human rights. (shrink)

Employers sometimes use personality tests in hiring or specifically look for candidates with certain personality traits such as being social, outgoing, active, and extraverted. Therefore, they hire based on personality, specifically extraversion in part at least. The question arises whether this practice is morally permissible. We argue that, in a range of cases, it is not. The common belief is that, generally, it is not permissible to hire based on sex or race, and the wrongness of such hiring practices is (...) based on two widely accepted principles: the Relevance Principle and the Fairness Principle. The Relevance Principle states that hiring should be based on what is relevant to job performance, while the Fairness Principle states that hiring should be based on features that individuals can control. Since hiring based on sex or race violates these principles, it is wrong. However, we argue that, in a range of cases, hiring based on extraversion also violates these principles, and assuming the validity of the Relevance and the Fairness Principles, it follows that personality discrimination is morally wrong in those cases. (shrink)

This article defends the thesis that, in light of the postulates of liberal ethics, it is not possible to put forward universal arguments in support of any form of marriage. The existing forms of marriage should be either deemed unjust or founded on specific arguments recognized within a particular political community and determining the understanding of justice in a particular society. It defends the thesis that the requirement of universality, and consequently of impartiality, is not met, since behind every form (...) of marriage there is a certain “minimum” anthropological approach. Marriage is discussed as a privilege granted to particular groups by the political community. The comments are made with reference to the discussion between Krzysztof Saja and Tomasz Sieczkowski concerning the problem of discrimination against same-sex couples in Polish legislation. (shrink)

Research on gender inequality has posited the importance of gender discrimination for women’s experiences at work. Previous studies have suggested that gender stereotyping and organizational factors may contribute to discrimination. Yet it is not well understood how these elements connect to foster gender discrimination in everyday workplaces. This work contributes to our understanding of these relationships by analyzing 219 discrimination narratives constructed from sex discrimination cases brought before the Ohio Civil Rights Commission. By looking across (...) a variety of actual work settings, the analysis sheds light on the cultural underpinnings and structural contexts in which discriminatory actions occur. The analyses reveal how gender stereotyping combines in predictable ways with sex composition of workplaces and organizational policies, often through interactional dynamics of discretionary policy usage, to result in discrimination. The findings suggest the importance of cultural, structural, and interactional influences on gender discrimination. (shrink)

In this paper, I argue that it is morally permissible and should be legally permissible for state and private professional schools to discriminate against women. By professional schools, I mean law, medical, and business schools. More specifically, I argue that such schools may discount womens applications to the degree that they are likely to produce less than male counterparts. The argument differs with regard to state and private institutions because of the greater moral elbowroom that private institutions have. The argument (...) for state professional schools depends on the purpose of state professional programs. If the purpose of these programs is to provide professional services to citizens, and I argue that it is, then the state professional schools are permitted to do such discounting. My argument also supports the stronger claim that state schools have an obligation to do so, but I will focus on the weaker claim. Given their wider choice of goals, private schools are also permitted to discount womens applications, but they are not obligated to do so. In this paper, then, I provide an argument for the moral permissibility of such discounting. (shrink)

We propose an externalist understanding of sex that builds upon extended and distributed approaches to cognition, and contributes to building a more just, diversity-sensitive society. Current sex categorization practices according to the female/male dichotomy are not only inaccurate and incoherent, but they also ground moral and political pressures that harm and oppress people. We argue that a new understanding of sex is due, an understanding that would acknowledge the variability and, most important, the flexibility of sex properties, as well as (...) the moral and political meaning of sex categorization. We propose an externalist account of sex, elaborating on extended and distributed approaches to cognition that capitalize on the natural capacity of organisms to couple with environmental resources. We introduce the notion of extended sex, and argue that properties relevant for sex categorization are neither exclusively internal to the individual skin, nor fixed. Finally, we spell out the potential of extended sex to support an active defense of diversity and an intervention against sex-based discrimination. (shrink)

When widespread use of sex‐selective abortion and sex selection through assisted reproduction lead to severe harms to third parties and perpetuate discrimination, should these practices be banned? In this paper I focus on India and show why a common argument for a ban on sex selection fails even in these circumstances. I set aside a common objection to the argument, namely that women have a right to procreative autonomy that trumps the state's interest in protecting other parties from harm, (...) and argue against the ban on consequentialist grounds. I perform a pairwise comparative analysis of sex selection and its plausible alternatives and argue that that the ban fails to improve the state of affairs relative to a scenario without a ban. The ban makes the situation worse, especially for mothers and their daughters. India should therefore repeal its ban on sex selection. (shrink)

Some argue that same-sex marriage is not an equal rights issue because, where same-sex marriage is illegal, heterosexuals and homosexuals have the exact same right to marry—i.e., the right to marry one adult of the opposite sex. I dispute this argument by pointing out that while societies that prohibit same-sex marriage equally permit individual heterosexuals and homosexuals to marry one adult of the opposite sex, same-sex couples in such societies are denied an important right that opposite-sex couples enjoy—i.e., the right (...) to marry. I argue that the right to marry is fundamentally, not an individual right, but a couple’s collective right, analogous to assembly rights. (shrink)

ABSTRACT In this paper we argue that sex‐selective abortion (SSA) cannot be morally justified and that it should be prohibited. We present two main arguments against SSA. First, we present reasons why the decision for a woman to seek SSA in cultures with strong son‐preference cannot be regarded as autonomous on either a narrow or a broad account of autonomy. Second, we identify serious harms associated with SSA including perpetuation of discrimination against women, disruption to social and familial networks, (...) and increased violence against women. For these reasons, SSA should be prohibited by law, and such laws should be enforced. Finally, we describe additional strategies for decreasing son‐preference. Some of these strategies rely upon highlighting the disadvantages of women becoming scarce, such as lack of brides and daughters‐in‐law to care for elderly parents. We should, however, be cautious not to perpetuate the view that the purpose of women is to be the consorts for, and carers of, men, and the providers of children. Arguments against SSA should be located within a concerted effort to ensure greater, deeper social and cultural equality between the sexes. (shrink)

This paper will examine the recent Human Fertilisation and Embryology Authority public consultation on sex selection. It will review the current regulation on sex selection in the United Kingdom and critically examine the outcomes of the HFEA consultation. The paper will argue that the current ban on embryo sex selection for social reasons and a proposed ban on sperm selection are not justified. There is no evidence for sex selection causing an increase in sex discrimination; creating a slippery slope (...) towards selection for other non-disease characteristics; or promoting a consumerist attitude towards children. The HFEA recommendations to prohibit social sex selection techniques rely upon an unwarranted concern about the risk of the procedures used. Reproductive technologies should be made available to people unless a substantial risk of harm—to the child, the parents or to society—can be identified. There is no such evidence of harm in this case. (shrink)

Are there sex differences in pain? For experimentally delivered somatic stimuli, females have lower thresholds, greater ability to discriminate, higher pain ratings, and less tolerance of noxious stimuli than males. These differences, however, are small, exist only for certain forms of stimulation and are affected by many situational variables such as presence of disease, experimental setting, and even nutritive status. For endogenous pains, women report more multiple pains in more body regions than men. With no obvious underlying rationale, some painful (...) diseases are more prevalent among females, others among males and, for many diseases, symptoms differ between females and males. Sex differences in attitudes exist that affect not only reporting, coping, and responses to treatment, but also measurement and treatment. So many variables are operative, however, that the most striking feature of sex differences in reported pain experience is the apparent overall lack of them. On the other hand, deduction from known biological sex differences suggests that these are powerful sex differences in the operation of pain mechanisms. First, the vaginal canal provides an additional route in women for internal trauma and invasion by pathological agents that puts them at greater risk for developing hyperalgesia in multiple body regions. Second, sex differences in temporal patterns are likely to give rise to sex differences in how pain is and stimuli are interpreted, a situation that could lead to a greater variability and wider range of pains without obvious peripheral pathology among females. Third, sex differences in the actions of sex hormones suggest pain-relevant differences in the operation of many neuroactive agents, opiate and nonopiate systems, nerve growth factor, and the sympathetic system. Thus, while inductive analysis of existing data demonstrate more similarities than differences in pain experience between females and males, deductive analysis suggests important operational sex differences in its production. (shrink)

_Does sexism against men exist? What it looks like and why we need to take it seriously_ This book draws attention to the "second sexism," where it exists, how it works and what it looks like, and responds to those who would deny that it exists. Challenging conventional ways of thinking, it examines controversial issues such as sex-based affirmative action, gender roles, and charges of anti-feminism. The book offers an academically rigorous argument in an accessible style, including the careful use (...) of empirical data, and includes examples and engages in a discussion of how sex discrimination against men and boys also undermines the cause for female equality. (shrink)