Ethical Analysis Facial Discrimination

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Ethical Analysis

Assigned Case Number and Full Title: Case 9.5 “Facial Discrimination”

a. In your own words, write a two- or three-sentence summary of this case.

Three employees have finished interviewing college students for summer internships. The employees discuss how one of the candidates was too ugly to work at Allied Products Inc. Then employees begin discussing if discrimination on the basis of looks is unethical or even illegal.

b. What is the essential ethical issue here? (In your own words, write out a one-sentence summary of the ethical issue as it arises in the type of situation being described here.)

The case contemplates if it is unethical to discriminate on the basis of looks.

c. What is the ethical "rule" that can be drawn from this situation? (Write out the ethical rule, in your own words, in the form of a sentence that includes the words ought or ought not. The ethical rule should make some reference to the context or situation involved with the type of situation being described here.)

Employees ought not discriminate on the basis of looks.

d. What is the harm, or potential harm, to other individuals that can occur if this ethical rule is not followed? (Write out a one-sentence description of the potential harm to other individuals if this ethical rule is broken.)

The employment decision would unfairly disadvantage any future job applicants that are considered fat, unattractive, or unusual looking.

e. What is the harm, or potential harm to society that can occur if this ethical rule is not followed? (Write out a one-sentence description of the potential harm to society if this ethical rule is broken.)

If employers began to discriminate on the basis of looks, society could start categorizing fat, unattractive, or unusual looking people as failures and avoid encouraging these people to reach for their goals. Self esteem would be at an all time low.

f. What is the law as it applies to the situation being described here. (Write out a one-sentence legal rule. This is the essential legal rule that governs this situation. To answer this question and the next few questions, it might be necessary for you to do some additional research and reading.)

Discriminating against morbidly obesity is illegal according to the Rehabilitation Act of 193 and the Americans with Disabilities Act (ADA)

g. Is this legal rule:
(1) Civil or criminal?

Civil

(2) Enforced by individuals (including groups, corporations, etc.) or by the government?

Government

(3) Derived from state (including local ordinance) or federal law?

Federal Law

h. What sanctions, penalties, damages, potential liabilities, or punishments can be legally imposed if the legal rule in f. above is broken?

Compensatory damages and back pay can be obtained to remedy discrimination. The department may also obtain civil penalties of up to $55,000 for the first violation and $110,000 for any subsequent violation.

i. If the legal rule described f. above is broken or ignored, what – in your opinion - is the likelihood that the lawbreaker will caught? (Provide a percentage other than 50 percent). Explain why you believe this to be likely.

33% because most overweight people are too ashamed to report discrimination and most people feel that overweight individuals should not be given special government legal protection against discrimination.

j. If the legal rule described f. above is broken or ignored, and if the lawbreaker is caught, what - in your opinion - is the likelihood that the lawbreaker will suffer the consequences described in h. above? (Provide a percentage other than 50 percent). Explain why you believe this to be likely.

20% because it is a challenge to convince a judge that you truly have a disability and most cases rarely hold in court.

k. Aside from any potential harm to others or to society, and aside from any lawbreaking, what is the essential...
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