In counterfactual cases of discrimination, an agent would have treated someone worse had circumstances been different such that instead of being a member of her actual group, she was a member of some other group. The case for considering such cases to be genuine cases of discrimination is bolstered by the fact that we are inclined to say that cases where an agent would have treated someone better had she been a member of another group are discriminatory. But I argue (...) that the cases are relevantly different: in one kind of case, but not the other, a person is harmed. I then consider and reject a number of objections to this suggestion. (shrink)

What is the morally significant feature of discrimination? All of the following seem plausible – (i) discrimination is a kind of wrongdoing and it wrongs discriminatees, which is a matter of intrapersonal morality; (ii) in view of cases of indirect discrimination, significant normative features of discrimination are best captured in a discriminatee‐focused, or harm‐based, way; and (iii) discrimination, as an act‐type, necessarily involves interpersonal comparison. The first task of this article is to address which of intra‐ or interpersonal comparison is (...) relevant to philosophical questions concerning discrimination. I submit that each of them has a place in the theory of discrimination; while interpersonal comparison is relevant in determining whether a differentiating act counts as discrimination, intrapersonal comparison is relevant in assessing whether it is morally wrong. The second task is to develop further a harm‐based answer to the latter question. My final proposal is as follows: discrimination is pro tanto morally wrong to the extent that it makes the discriminatees worse off than they would be were it not for the discrimination at issue, where one's well‐being is understood in terms of what one endorses in one's optimum form. (shrink)

In standard cases of discrimination the interests of the discriminatees are considered comparatively worse than those of others. Accordingly, discrimination is often defined as some form of differential consideration or treatment which, among other features, entails a disadvantage for discriminatees. There are some apparent forms of nonstandard discrimination, however, in which it seems that this need not occur. This paper examines three of them: epistemic discrimination, discrimination against entities unable to be harmed by it and nonhierarchical segregation. If, as it (...) seems, these really are forms of discrimination that means standard definitions may fail or must be reinterpreted. There is a way to account for the mentioned nonstandard forms of discrimination by claiming that all forms of worse consideration or treatment can be considered discriminatory. This, however, entails interpreting the term “worse” in a very broad manner, and some may not find this solution intuitive. Despite this, the paper will argue that alternative accounts entail more serious problems. (shrink)

Journal of Social Philosophy, EarlyView.