Discrimination, understood as differential treatment of individuals on the basis of their respective group memberships, is widely considered to be morally wrong. This moral judgment is backed in many jurisdictions with the passage of equality of opportunity legislation, which aims to ensure that racial, ethnic, religious, sexual, sexual-orientation, disability and other groups are not subjected to discrimination. This chapter explores the conceptual underpinnings of discrimination and equality of opportunity using the tools of analytical moral and political philosophy.

The English language now dominates scientific communications. Yet, many scientists have English as their second language. Their English proficiency may therefore often be more limited than that of a ‘native speaker’, and their scientific contributions (e.g. manuscripts) in English may frequently contain linguistic features that disrupt the fluency of a reader’s, or listener’s information processing even when the contributions are understandable. Scientific gatekeepers (e.g. journal reviewers) sometimes cite these features to justify negative decisions on manuscripts. Such justifications may rest on (...) the prima facie plausible assumption that linguistic characteristics that hinder fast and easy understandability of scientific contributions are epistemically undesirable in science. I shall raise some doubts about this assumption by drawing on empirical research on processing fluency and its biasing effects. I also argue that directing scientists with English as a foreign language toward approaching ‘native-level’ English can have the negative consequence of reducing their potential to make scientific belief formation more reliable. These points suggest that one seemingly compelling justification for linguistically discriminating against scientific contributions in ‘non-native’ English is questionable and that the common insistence by scientific gatekeepers on ‘native-like’ English may be epistemically harmful to science. (shrink)

In this paper I show that a variety of Cartesian Conceptions of the mental are unworkable. In particular, I offer a much weaker conception of limited discrimination than the one advanced by Williamson (2000) and show that this weaker conception, together with some plausible background assumptions, is not only able to undermine the claim that our core mental states are luminous (roughly: if one is in such a state then one is in a position to know that one is) (...) but also the claim that introspection is infallible with respect to our core mental states (where a belief that C obtains is infallible just in case if one believes that C obtains then C obtains). The upshot is a broader and much more powerful case against the Cartesian conception of the mental than has been advanced hitherto. (shrink)

Philosophers have assumed that as long as discriminatory admission and exclusion policies are off the table, it is possible for one to adopt a restrictionist position on the issue of immigration without having to worry that this position might entail discriminatory outcomes. The problem with this assumption emerges, however,when two important points are taken into consideration. First, immigration controls are not simply discriminatory because they are based on racist or ethnocentric attitudes and beliefs, but can themselves also be the source (...) of social and civic ostracism. Second, by focusing so much on questions of admission and exclusion, philosophers have tended to overlook the discriminatory potential of immigration enforcement mechanisms. In this essay, I make the case that philosophers who deal with the issue of immigration cannot dispense with the potential for discrimination in a state's enforcement mechanism as easily as they have with the potential for discrimination in a state’s admission and exclusions criteria. In addition, I put forth the positive claim that the way to combat this potential for discrimination (e.g., xenophobia) must begin with a defense of, and advocacy for, immigrant rights. (shrink)

This article argues that, as commonly understood, indirect discrimination is not necessarily unjust: 1) indirect discrimination involves the disadvantaging in relation to a particular benefit and such disadvantages are not unjust if the overall distribution of benefits and burdens is just; 2) indirect discrimination focuses on groups and group averages and ignores the distribution of harms and benefits within groups subjected to discrimination, but distributive justice is concerned with individuals; and 3) if indirect discrimination as (...) such is unjust, strict egalitarianism has to be the correct account of distributive justice, but such egalitarianism appears vulnerable to the leveling down objection (whether decisively or not), and many theorists explicitly reject strict egalitarianism anyway. The last point threatens the position of liberals who oppose indirect discrimination but think significant inequalities can be just. (shrink)

It is usually accepted that whether or not indirect discrimination is a form of immoral discrimination, it appears to be structurally different from direct discrimination. First, it seems that either one involves the agent focusing on different things while making a decision. Second, it seems that the victim’s group membership is relevant to the outcomes of either sort of action in different ways. In virtue of these two facts, it is usually concluded that indirect discrimination is (...) structurally different from direct discrimination. I argue against the notion that indirect discrimination and direct discrimination have significantly different structures. I first argue that both kinds of discrimination involve similar decision-making processes. Second, I analyze how being in a social group affects personal identity, and from there argue that indirect discrimination and direct discrimination are about group membership similarly. In virtue of these two arguments, I conclude that direct and indirect discrimination are structurally similar. (shrink)

Sometimes, a form of discrimination is hard to register, understand, and articulate. A rich precedent demonstrates how victim testimonies have been key in uncovering such ‘hidden’ forms of discrimination, from sexual harassment to microaggressions. I reflect on how this plausibly goes too for a new hypothesised form of ‘attentional discrimination’, referring to cases where the more meaningful attributes of one social group are made salient in attention in contrast to the less meaningful attributes of another. Victim testimonies (...) understandably dominate the ‘context-of-discovery’ stage of research into these initially opaque forms of discrimination; a victim’s encounter with the gap between their experience and dominant conceptual frameworks for understanding it is what provides an initial foothold for analysis to begin. Some object, however, to this methodology continuing to dominate the later ‘context-of-justification’ stage, where the hypothesis is rigorously challenged. I argue that this objection underestimates not just how other methodologies are more likely to inherit the various mechanisms of invisibility hiding the discrimination in question, but also how victim testimonies are distinctively well-suited to recognise and challenge those mechanisms. Victim testimonies, then, ought to continue playing a dominant role into these later stages of research into hidden forms of discrimination. (shrink)

According to a prominent view, discrimination is wrong, when it is, because it makes people worse off. In this paper, I argue that this harm-based account runs into trouble because it cannot point to a harm, without making controversial metaphysical commitments, in cases of discrimination in which the discriminatory act kills the discriminatee. That is, the harm-based account suffers from a problem of death. I then show that the two main alternative accounts of the wrongness of discrimination—the (...) mental-state-based account and the objective-meaning account—do not run into this problem. (shrink)

In this paper, I will argue that it is a moral obligation for companies, firstly, to accept their moral responsibility with respect to non-discrimination, and secondly, to address the issue with a full-fledged programme, including but not limited to the countering of microsocial discrimination processes through specific policies. On the basis of a broad sketch of how some discrimination mechanisms are actually influencing decisions, that is, causing intended as well as unintended bias in Human Resources Management, I (...) will argue that the well known tools of legislation and ethical codes are necessary although insufficient to cope with the problem. However, based on empirical evidence, we know which set of measures is likely to diminish discrimination. Taking non-discrimination seriously implies complex and longitudinal policies which include assigning responsibility for a non-discrimination policy within the firm, making managers conscious of implicit stereotypes and helping them to cope with prejudices that no one can totally overcome. Insofar as corporate responsibility with respect to non-discrimination is accepted and strategies that are not prohibitively expensive are known, companies are bound to implement them. Not implementing the best set of measures may be considered at least as a moral shortcoming or, depending on the size of the company, mere lip service to the non-discrimination principle. Although the paper refers to empirical material of diverse backgrounds, its intent is clearly normative. It wishes to spell out what companies ought to do if they are committed to responsible behaviour. The discussion of effective remedies against discrimination is based on a case study of a French company. The retailer Auchan was recently surprised to learn that it was discriminating against ethnic minorities despite strong ethical standards, an ethics committee and ethical leadership. The company dropped its naïve beliefs and set up an ambitious policy cope with the issue. The case illustrates what recent empirical research has revealed about the effectiveness of diversity policies: establishing responsibility for diversity results, firm ethical commitment and support from top management make diversity programs effective. (shrink)

Discrimination is a central epistemic capacity but typically, theories of discrimination only use discrimination as a vehicle for analyzing knowledge. This paper aims at developing a self-contained theory of discrimination. Internalist theories of discrimination fail since there is no compelling correlation between discriminatory capacities and experiences. Moreover, statistical reliabilist theories are also flawed. Only a modal theory of discrimination is promising. Versions of sensitivity and adherence that take particular alternatives into account provide necessary and (...) sufficient conditions on discrimination. Safety in contrast is not sufficient for discrimination as there are cases of safety that are clearly instances of discrimination failure. The developed account of discrimination between objects will be extended to discrimination between kinds and between types. (shrink)

This article defines the relationship between two factors and its impact by examining the effect of Gender discrimination in the work place which influences the job performance and job satisfaction in individuals(i.e.; hiring, promotion, salary, control/ autonomy/ influence, challenge, performance measures, feed back, in strumentality, stability/security). The data is collected through quantitative method. The sample of thestudy consisted of 500 employees working in different bank in Islamabad and Wahcantt (Pakistan) through the questionnaire, of which 300 were returned and processed. (...) R was used to analysis the data, using independent T-Test, and excel, Correlation and Multi-regression analysis. There is a significant prove, gender discrimination has an influence on Job satisfaction and job performance and stability of individuals. From findings of the study, it is also depicted that male and female have significantly different level of job satisfaction. (shrink)

What makes discrimination morally bad? In this paper, we discuss the putative badness of a case of consensual discrimination to show that prominent accounts of the badness of discrimination—appealing, inter alia, to harm, disrespect and inequality—fail to provide a satisfactory answer to this question. In view of this, we present a more promising account.

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)

In this paper I argue that certain ways in which the relationship among discrimination, emotions and health is presented can undermine equity. I identify a model of this relationship the discrimination-emotion-health model - and claim that while the model is important for understanding the detrimental impact that discrimination and oppression can have on emotions and health, certain implications of the model are troubling. I identify six critiques of the model, and show that equity could be undermined, for (...) example, when stereotypes of the oppressed are reinforced and the experiences of the privileged are normalized. I then assess the implications of my analysis of the model and its critique for a framework of health equity, demonstrating what such a framework would need to look like in order for it to best represent discrimination as a psychosocial determinant of health. (shrink)

Although the demographics on male versus female death-row prisoners suggest that males are the criminal justice system’s primary targets, the author argues that the system still discriminates against women. Utilizing postmodern scholarship, he argues that female prisoners are punished primarily for violating dominant norms of gender correctness.

Members of the field of philosophy have, just as other people, political convictions or, as psychologists call them, ideologies. How are different ideologies distributed and perceived in the field? Using the familiar distinction between the political left and right, we surveyed an international sample of 794 subjects in philosophy. We found that survey participants clearly leaned left (75%), while right-leaning individuals (14%) and moderates (11%) were underrepresented. Moreover, and strikingly, across the political spectrum, from very left-leaning individuals and moderates to (...) very right-leaning individuals, participants reported experiencing ideological hostility in the field, occasionally even from those from their own side of the political spectrum. Finally, while about half of the subjects believed that discrimination against left- or right-leaning individuals in the field is not justified, a significant minority displayed an explicit willingness to discriminate against colleagues with the opposite ideology. Our findings are both surprising and important, because a commitment to tolerance and equality is widespread in philosophy, and there is reason to think that ideological similarity, hostility, and discrimination undermine reliable belief formation in many areas of the discipline. (shrink)

Social Justice is a concept familiar to most Indians but one whose meaning is not always understood as it signifies a variety of government strategies designed to enhance opportunities for underprivileged groups. By tracing the trajectory of social justice from the colonial period to the present, this book examines how it informs ideas, practices and debates on discrimination and disadvantage today. After outlining the historical context for reservations for scheduled castes and scheduled tribes that began under British colonial rule, (...) the book examines the legal and moral strands of demands raised by newer groups since 1990. In addition the book shows how the development of quota policies has been significantly influenced by the nature and operation of democracy in India. It describes the recent proliferation of quota demands for reservations in higher education, private sector and for women and religious minorities in legislative assemblies. The book goes on to argue that while proliferation of demands address unequal incidence of poverty, deprivation and inequalities across social groups and communities, care has to be taken to ensure that existing justifications for quotas for discriminated groups due to caste hierarchies are not undermined. Providing a rich historical background to the subject, the book is a useful contribution to the study on the evolution of multiple conceptions of social justice in contemporary India. (shrink)

The UNESCO Statements on Race of the early 1950s are understood to have marked a consensus amongst natural scientists and social scientists that ‘race’ is a social construct. Human biological diversity was shown to be predominantly clinal, or gradual, not discreet, and clustered, as racial naturalism implied. From the seventies social constructionists added that the vast majority of human genetic diversity resides within any given racialised group. While social constructionism about race became the majority consensus view on the topic, social (...) constructionism has always had its critics. Sesardic (2010) has compiled these criticisms into one of the strongest defences of racial naturalism in recent times. In this paper I argue that Sesardic equivocates between two versions of racial naturalism: a weak version and a strong version. As I shall argue, the strong version is not supported by the relevant science. The weak version, on the other hand, does not contrast properly with what social constructionists think about ‘race’. By leaning on this weak view Sesardic’s racial naturalism intermittently gains an appearance of plausibility, but this view is too weak to revive racial naturalism. As Sesardic demonstrates, there are new arguments for racial naturalism post-Human Genome Diversity Project. The positive message behind my critique is how to be a social constructionist about race in the post-genomic era. (shrink)

In Faces of Inequality: A Theory of Wrongful Discrimination, Sophia Moreau embarks on a classic philosophical journey. It’s what philosophers nowadays call an explanatory project. The goal of explanatory projects is to deepen our understanding of wrongful actions and what they share in common. In this review essay, I argue that Moreau’s book embodies a valuable explanatory project and contribution to discrimination theory that ought to be on the radar of lawyers, legal theorists, and philosophers. After sketching the (...) book’s arguments, I explain why they are so refreshing. The remainder of the essay proceeds in a more critical mode. First, I argue that book’s explanatory aspirations fall short, and I sketch a framework for a more radically pluralistic theory of wrongful discrimination. This framework has the power to embrace Moreau’s compelling view that discrimination wrongs people by failing to treat them as equals while also recognizing a rich array of other discriminatory wrongs found in lived experience. Second, I argue that Faces of Inequality will disappoint readers looking for a truly inclusive account of wrongful discrimination. I end by emphasizing the book’s contribution to political philosophy and its ambition to provide a truly liberatory theory of what we owe to each other as moral and political equals. (shrink)

Racial discrimination uses race as grounds to discriminate in the treatment owed to others; sexual discrimination uses people’s sexual features as grounds for determining how they should be treated compared to others. Analogously, statistical discrimination treats statistical inferences about the groups to which individuals belong as grounds for discriminating amongst them in thought, word and deed. Examples of statistical discrimination include the employer who won’t hire women of childbearing age, because they are likely to take maternity (...) leave at some point in their careers; or insurers who wish to charge more to young drivers than to more experienced ones, because they are more likely to have accidents than the latter – or to favour women over men in the cost of premiums for similar reasons. Finally, a famous – infamous – example of statistical discrimination is racial profiling for police purposes, where statistical evidence of differential propensities to crime are used to justify preventive police measures, such as ‘stop and search’, which mainly target young black men, and other racialized minorities. The philosophical appeal of the concept of statistical discrimination is fairly easy to see: it draws our attention to the way that probabilistic claims figure, or might figure, in the distribution of social costs and benefits such as jobs, security, insurance. It therefore gives us a way to test our moral intuitions across different cases, enables us to see how far our moral judgements can be generalised, and whether they have been affected by particularly emotive examples, or by the particular features of a real or hypothetical case. But does that mean that statistical discrimination is unproblematic? This article takes issue with some arguments of Kasper Lippert Rasmussen on the topic. (shrink)

Higher Education has been considered as a site of knowledge, and it is a place, where one can pursue it. But, the distribution of knowledge and acquiring knowledge is controlled by various factors. For example, caste, class, language, region, religion, gender, race, etc. The two principal factors, i.e. language and caste, determine one's access and then survival in higher educational institutions. The Hegemony of English language becomes a very problematic for non-English background students in the higher educational classroom in India. (...) The hegemony of one language itself achieves the status of dominant or prestigious. The caste, class and gender also determine who are going to use the English language as a medium of instruction. In the era of modernization and globalization, caste, class and gender dynamic work inherently in the higher education. In this context, this paper gives a broader insight of language and caste-based discrimination, and it's a mechanism in the higher education set-ups. (shrink)

We conceptualize observation selection effects (OSEs) by considering how a shift from one process of observation to another affects discrimination-conduciveness, by which we mean the degree to which possible observations discriminate between hypotheses, given the observation process at work. OSEs in this sense come in degrees and are causal, where the cause is the shift in process, and the effect is a change in degree of discrimination-conduciveness. We contrast our understanding of OSEs with others that have appeared in (...) the literature. After describing conditions of adequacy that an acceptable measure of degree of discrimination-conduciveness must satisfy, we use those conditions of adequacy to evaluate several possible measures. We also discuss how the effect of shifting from one observation process to another might be measured. We apply our framework to several examples, including the ravens paradox and the phenomenon of publication bias. (shrink)

Over the years, phenomenology has provided illuminating descriptions of discrimination, with its mechanisms and effects being thematised at the most basic levels of embodiment, (dis)orientation, selfhood, and belonging. What remains somewhat understudied is the lived experience of the discriminator. In this paper I draw on Husserl's phenomenological account of normality to reflect on the ways in which we discriminate at the prereflective levels of perceptual experience and bodily being. By critically reflecting on the intentional structures undergirding discriminatory practices, I (...) argue that discrimination is characteristic of a naïve normalising attitude which is habitually interested in securing a familiar experience of a static normality. I first demonstrate how this attitude problematically tends to reproduce, enforce, and further sediment discriminatory and exclusionary norms. Further, I provide an internal critique which problematises discrimination—without recourse to external normative standards—on three fronts: as epistemically unproductive, experientially obscuring, and normatively non-instantiating. In discriminatory acts we see an abnormal refusal to enrich, revise, and genetically establish new normative commitments, new ways of seeing, and a new normality. (shrink)

On 24 July 2022, the landmark decision Roe v. Wade (1973), that secured a right to abortion for decades, was overruled by the US Supreme Court. The Court decision in Dobbs v. Jackson Women’s Health Organisation severely restricts access to legal abortion care in the USA, since it will give the states the power to ban abortion. It has been claimed that overruling Roe will have disproportionate impacts on women of color and that restricting access to abortion contributes to or (...) amounts to structural racism. In this paper, we consider whether restricting abortion access as a consequence of overruling Roe could be understood as discrimination against women of color (and women in general). We argue that banning abortion is indirectly discriminatory against women of color and directly (but neither indirectly, nor structurally) discriminatory against women in general. (shrink)

Recent philosophical accounts of discrimination face challenges in accommodating robust intuitions about the particular way in which it is wrongful—most prominently, the intuition that discriminatory actions intrinsically violate equality irrespective of their contingent consequences. The paper suggests that we understand the normative structure of discrimination in a way that is different from the one implicitly assumed by these accounts. It argues that core discriminatory wrongs—such as segregation in Apartheid South Africa—divide into two types, corresponding to violations of relational (...) and distributive equality; and that a pluralistic view of the internal structure of each type should be adopted. This normative structure serves to appropriately vindicate the mentioned intuitions; it also contributes to clarifying the normative underpinnings of legal concepts associated with discrimination (including the distinctions between direct and indirect, or ‘disparate treatment/impact’ discrimination, and intentional vs. unintentional discrimination), and developing a more productive public discourse around allegations of discrimination. (shrink)

One of the main questions Gillian Brock takes up in Justice for People on the Move (2020) is whether it is morally permissible for states to enact migration policies that discriminate on the basis of religion against those who wish to enter. The main focus of her discussion is on the United States context, and, in particular, the so-called ‘Muslim Ban’ enacted by President Donald Trump in 2017. While Brock offers a powerful critique of this policy, I argue that it (...) is insufficient on its own to support her claim that migration policies that discriminate on the basis of religion in general undermine the legitimacy of the states that enact them. I argue that this claim can be supported within her framework by showing that such policies necessarily display disregard for the human rights of existing members of the discriminating state. I conclude with some reflections on the strength of this account of the moral impermissibility of religious discrimination at the border. (shrink)

The two kinds of discrimination I want to talk about are political discrimination and cognitive discrimination. By political discrimination, I mean what we ordinarily understand by the term "discrimination" in political contexts: A manifest attitude in which a particular property of a person which is irrelevant to judgments of that person's intrinsic value or competence, for example his race, gender, class, sexual orientation, or religious or ethnic affiliation, is seen as a source of disvalue or (...) incompetence; in general, as a source of inferiority.By cognitive discrimination, I mean what we ordinarily understand by the term "discrimination" in cognitive contexts: A manifest capacity to distinguish veridically between one property and another, and to respond appropriately to each. I want to explore the relation between these two kinds of discrimination, and to argue that the first type of discrimination depends upon a failure of the second. (shrink)

It is often thought that traditional recidivism prediction tools used in criminal sentencing, though biased in many ways, can straightforwardly avoid one particularly pernicious type of bias: direct racial discrimination. They can avoid this by excluding race from the list of variables employed to predict recidivism. A similar approach could be taken to the design of newer, machine learning-based (ML) tools for predicting recidivism: information about race could be withheld from the ML tool during its training phase, ensuring that (...) the resulting predictive model does not use race as an explicit predictor. However, if race is correlated with measured recidivism in the training data, the ML tool may ‘learn’ a perfect proxy for race. If such a proxy is found, the exclusion of race would do nothing to weaken the correlation between risk (mis)classifications and race. Is this a problem? We argue that, on some explanations of the wrongness of discrimination, it is. On these explanations, the use of an ML tool that perfectly proxies race would (likely) be more wrong than the use of a traditional tool that imperfectly proxies race. Indeed, on some views, use of a perfect proxy for race is plausibly as wrong as explicit racial profiling. We end by drawing out four implications of our arguments. (shrink)

In this introduction, I briefly summarize Sophia Moreau's Faces of Inequality. I situate her monograph within two highly contemporary bodies of literature — relational egalitarianism and discrimination theory — to show how it provides important insights for understanding both what it means to treat others as equals in society and how to define wrongful discrimination. Moreau's work on discrimination is of great relevance for philosophers and socio-legal theorists alike as the commentaries from the symposium contributors demonstrate, including (...) Dale Smith, Pablo Gilabert, Andrea Sangiovanni, Daniel Viehoff, Jessica Eisen, Alysia Blackham, and Iyiola Solanke. (shrink)

The status of indirect discrimination is ambiguous in the current literature. This paper addresses two contemporary and related debates. First, for some, indirect discrimination is not truly a distinct kind of discrimination, but it is simply a legal construct designed to address distributive inequalities between groups. Second, even if one accepts that indirect discrimination is a distinct type of discrimination, the connection between the two kinds of discrimination, direct and indirect, is debated. For some, (...) they are distinct act-types, while for others, indirect discrimination should be conceived as a side effect of prior cases of direct discrimination. In this paper, I argue that indirect discrimination is a distinct act-type that can take place without being connected to prior instances of direct discrimination. (shrink)

In "Individuals", Peter Strawson talks about identifying, discriminating and picking out particular objects, regarding discriminating and picking out as ways of identifying. I object that, strictly speaking, identification means to say of two things that they are the same. In contrast, discriminating an object from all others can be done by just ascribing some predicate to it that does not apply to the others. Picking out an object does not even seem to require to distinguish it from all others. The (...) object picked is distinct in that it is the picked one, but it is not clear - even in the context of sensorily picking out - that I have to be aware of this in order to do the picking. (shrink)

This paper explains how discrimination and COVID-19 related stigmas are intertwined. When people stigmatize COVID-19 victims, they act in ways for which the victims suffer status loss and discrimination. As a result, they do not enjoy participatory parity in various aspects of their life making COVID-19 related stigmatization a deplorable instance of discrimination. But a society already fraught with discrimination is a breeding ground of stigmatization often because of people’s fear and anxiety about their life once (...) they become a patient of a disease like COVID-19. (shrink)

Over the past decade, scholars, institutions, and activists have voiced strong concerns about the potential of automated decision systems to indirectly discriminate against vulnerable groups. This article analyses the ethics of algorithmic indirect discrimination, and argues that we can explain what is morally bad about such discrimination by reference to the fact that it causes harm. The article first sketches certain elements of the technical and conceptual background, including definitions of direct and indirect algorithmic differential treatment. It next (...) introduces three prominent accounts of fairness as potential explanations if the badness of algorithmic indirect discrimination, but argues that all three are vulnerable to powerful levelling-down-style objections. Instead, the article demonstrates how proper attention to the way differences in decision-scenarios affect the distribution of harms can help us account for intuitions in prominent cases. Finally, the article considers a potential objection based on the fact that certain forms of algorithmic indirect discrimination appear to distribute rather than cause harm, and notes that we can explain how such distributions cause harm by attending to differences in individual and group vulnerability. (shrink)

The distinction between intentional and unintentional discrimination is a prominent one in the literature and public discourse; intentional discriminatory actions are commonly considered particularly morally objectionable relative to unintentional discriminatory actions. Nevertheless, it remains unclear what the two types amount to, and what generates the moral difference between them. The paper develops philosophically-informed conceptualizations of the two types based on which the moral difference between them may be accounted for. On the suggested account, intentional discrimination is characterized by (...) the agent viewing the content of an underlying discriminatory belief as a consideration that counts in favor of her action. This, it is argued, amounts to endorsing the discriminatory belief, which generates the particular moral severity of intentional discrimination. (shrink)

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.

Comment on Beeghly, Erin. 2021. “Stereotyping as Discrimination: Why Thoughts Can Be Discriminatory.” Social Epistemology 35 (6): 547–63. -/- Beeghly’s “Stereotyping as Discrimination” is—characteristically—clear, thorough, and persuasive, rich with incisive arguments and thought-provoking case studies. In defending the view that stereotyping often constitutes discrimination, she makes a powerful case that, “Living ethically means cultivating a certain kind of ‘inner’ life and avoiding pernicious habits of thought, no matter how culturally pervasive” (Beeghly 2021b, 13). Support for such claims (...) is traced back not just to Aristotle and the Ten Commandments (Beeghly 2021b, 10), but also to critical social traditions. “As feminists and theorists of race have long noted, the most intimate aspects of our selves, including our ways of thinking, agency, and modes of embodiment, are among the mechanisms of group oppression” (Beeghly 2021b, 13). I offer, first, a tiny friendly amendment to one brief passage, followed by invitations to explore some of the further potential implications of Beeghly’s central theses. (shrink)

According to the Ability Hypothesis, knowing what it is like to have experience E is just having the ability to imagine or recognize or remember having experience E. I examine various versions of the Ability Hypothesis and point out that they all face serious objections. Then I propose a new version that is not vulnerable to these objections: knowing what it is like to experience E is having the ability to discriminate imagining or having experience E from imagining or having (...) any other experience. I argue that if we replace the ability to imagine or recognize with the ability to discriminate, the Ability Hypothesis can be salvaged. (shrink)

The use of machine learning algorithms has become ubiquitous in hiring decisions. Recent studies have shown that many of these algorithms generate unlawful discriminatory effects in every step of the process. The training phase of the machine learning models used in these decisions has been identified as the main source of bias. For a long time, discrimination cases have been analyzed under the banner of disparate treatment and disparate impact, but these concepts have been shown to be ineffective in (...) the context of AI. This paper examines the possibility of studying algorithmic discrimination from the perspective of negligence law. Negligent selection and validation of datasets and classifiers is a salient cause of improper training in machine learning. It is a breach of an employer’s duty to protect others, a failure of its exercise of due care in the manner of choosing employees. Adopting negligence to algorithmic discrimination requires a reformulation of what is foreseeable and reasonable within the context of black box algorithms, and a shift in the burden of proof to the employer, who must present evidence of its efforts to avoid bias. (shrink)

The essays study from different perspectives, the much discussed and crucial topic of social discrimination, and particularly Dalit exploitation. The work is highly interdisciplinary in nature-relevant for several subjects and disciplines such as political science, sociology, Dalit studies, minority studies, women's studies, anthropology, law, economics This work specifically sets out to explore contemporary manifestations of discrimination that persist in our society through institutions and through norms and practices that define the terms on which certain social groups continue to (...) be excluded. The contributors bring in different critical perspectives from their different disciplines. (shrink)

This discussion treats a set of familiar social derelictions as consequences of the perversion of a universalistic moral theory in the service of an ill-considered or insufficiently examined personal agenda.The set includes racism, sexism, anti-Semitism, homophobia, and class elitism, among other similar pathologies, under the general heading of discrimination. The perversion of moral theory from which these derelictions arise, I argue, involves restricting its scope of application to some preferred subgroup of the moral community of human beings. -/- The (...) following analysis of higher-order discrimination suggests that we often select the individuals who constitute such subgroups for reasons that we ourselves would reject on moral grounds were we to examine them carefully, but that we choose instead to put our rational resources in the service of avoiding any such examination at all costs. The implication is that arguments that truncate the scope of moral theory in fact justify bestowing the gift of moral treatment on a select few who deserve it no more than the many from whom we withhold it. Therefore, it would be precipitous to conclude that universalistic moral theory can be legitimately restricted in its practical scope of application in any way at all. (shrink)

I am deeply indebted to Alex Byrne, Jonathan Cohen and Matthew McGrath for their careful, constructive, and penetrating comments on The Unity of Perception and I am grateful for the opportunity to clarify my view further.

Most of us intuitively take discrimination based on gender or ethnicity to be impermissible because we have a right to be treated on the basis of merit and capacity rather than e.g. ethnicity or gender. I call this suggestion the Impermissibility Account. I argue that, despite how the Impermissibility Account seems intuitive to most of us with a humanist outlook, it is indefensible. I show that well-informed discrimination can sometimes be permissible, and even morally required, meaning we cannot (...) have a strict right not to be discriminated against. I then propose an alternative and more plausible account which I call the Fairness and Externalities Account, arguing that acts of discrimination are wrong partly because they are unfair and partly because they create harmful externalities which—analogously to pollution—there is a collective responsibility to minimize. Both of these factors are however defeasible, meaning that if the Fairness and Externalities Account is correct, then discrimination is sometimes permissible. These results are counterintuitive, and suggest that the ethics of discrimination requires further attention. (shrink)

Can indistinguishable objects differ aesthetically? Manifestationism answers ‘no’ on the grounds that (i) aesthetically significant features of an object must show up in our experience of it; and (ii) a feature—aesthetic or not—figures in our experience only if we can discriminate its presence. Goodman’s response to Manifestationism has been much discussed, but little understood. I explain and reject it. I then explore an alternative. Doubles can differ aesthetically provided, first, it is possible to experience them differently; and, second, those experiences (...) reflect differences in the objects’ themselves. A range of objections to this position is considered, but all are found wanting. (shrink)

There are several relations which may fall short of genuine identity, but which behave like identity in important respects. Such grades of discrimination have recently been the subject of much philosophical and technical discussion. This paper aims to complete their technical investigation. Grades of indiscernibility are defined in terms of satisfaction of certain first-order formulas. Grades of symmetry are defined in terms of symmetries on a structure. Both of these families of grades of discrimination have been studied in (...) some detail. However, this paper also introduces grades of relativity, defined in terms of relativeness correspondences. This paper explores the relationships between all the grades of discrimination, exhaustively answering several natural questions that have so far received only partial answers. It also establishes which grades can be captured in terms of satisfaction of object-language formulas and draws connections with definability theory. (shrink)

Carter and Pritchard (2016) and Pritchard (2010, 2012, 2016) have tried to reconcile the intuition that perceptual knowledge requires only limited discriminatory abilities with the closure principle. To this end, they have introduced two theoretical innovations: a contrast between two ways of introducing error-possibilities and a distinction between discriminating and favoring evidence. I argue that their solution faces the “sufficiency problem”: it is unclear whether the evidence that is normally available to adult humans is sufficient to retain knowledge of the (...) entailing proposition and come to know the entailed proposition. I submit that, on either infallibilist or fallibilist views of evidence, Carter and Pritchard have set the bar for deductive knowledge too low. At the end, I offer an alternative solution. I suggest that the knowledge-retention condition of the closure principle is not satisfied in zebra-like scenarios. (shrink)

It has often been noted that Socratic cross-examination is problematic as a method of inquiry, i.e., as a method for 'acquiring' knowledge. Rarely has it been noticed that there are problems with cross-examination when used for the purposes of 'testing' for knowledge. In the 'Charmides', Socrates commits himself to the following principle: In order to discriminate between the person who knows and the person who does not know the subject matter covered by a particular discipline (technê), one must have mastered (...) that discipline. But if Socrates' disavowals of moral knowledge are sincere, it would seem to follow from this principle that, contrary to what Socrates says in many early dialogues, he cannot successfully test claims to moral expertise through cross-examination. Through an examination of the conditions that Socrates places on knowledge and on mastering a 'technê', I show how this problem can be resolved. (shrink)

A common response to claims of bias, harassment, or discrimination is to say that these claims are made in bad faith. Claimants are supposedly not motivated by a credible or even sincere belief that unfair or unequal treatment has occurred, but simply seek to illicitly gain public sympathy or private reward. Characterizing discrimination claims as systematically made in bad faith enables them to be screened and dismissed prior to engaging with them on their merits. This retort preserves the (...) dominant group’s self-image as unprejudiced and innocent without having to risk critical analysis of the claim’s substance. (shrink)

How, if at all, do the findings of social psychology impact upon philosophical analyses of discrimination? In this chapter, I outline key findings from three research programs from psychology – concerning in-group/out-group favoritism; implicit bias; and stereotype threat. I argue that each set of findings presents challenges to how philosophical analyses of group discrimination are formulated, and propose possible revisions to be explored in future work.