Job Dicriminating in Ethics

In one reception entitled “mend it, don’t end it”, Bill Clinton, former of president, said:
“Out of everything, our country is Believed chain: “we regard as this beliefs as real thing that all human created are same; that we all be blessed by god right that can’t be confiscated by other; between that rights is the right to get life, freedom, and seaching for happiness.” All history can we see as efforts to making real actualization in society life.
Alternative action purpose is given one way to our country to solve gender and race discrimination in order to all people get same chance to developing, implementing, to achieve and give contribution. Alternative action is efforts to develop a systematic approach to open mindset at sector education, employment, dan developing business opportunity to potential individu and intuitively to be member groups that a long time has discrimination.
Any people that honest and believe that alternative action always directed to group preference compared individu goodness; alternative action always directed to discrimination in the end condescend people that get adventages from him and discriminated another.
Pete Wilson, governor of California, give the response to the president in a reception to support the rule that mean to stop alternative action programs, this called as preference treatment.
Thomas Jeferson firstly to overview the USA purpose more than two hundred yaers ago when said:”Similarity right to all people and nothing special.” Efforts to achieve that purpose had been successful for USA since 1776.
But now the base principle of similarity right middle America damaged by a system preferential treatment that determine the job, public contract, and position in university not based on goodness and performance, but at group members who determined according to race, ethnic, or gender. That not true. That not fair. And according to the definition, that are discrimination.
Our liability to society is not to ignore injustice and pretended asa if that nothing. We have payable at leadership and personality to change what wrong and their solution. The question is not, how we justified preference based on race or gender? But, how we determine the compass of our moral and back to the justice way and similarity right in law.
The controversion appears on the subject of affliction yang had been around minority, treatment not fair to women, and the losses concequency had been around whites man because of preference to women and minority.

CHARACTERISTIC OF JOB DISCRIMINATION
The base mean from discrimination terminology is”differentiation one objek from another objek,” one action morally is netral and can not reproofable. But, in modern meaning, this terminology morally non-netral: because usually refer to action differentiation someone from other people not based on they superiority, but based on prejudice or atitude that morally is bad. Discrimination in employment engaging three base element: first, decision that making an employee losses or more because not based on their ability, for example in implementation a perticular job, seniority, or qualifications that morally reputed by other are valid. Second, decision fully taken based on prejudice racial or sexual, wrong stereotype or other attitudes that morally not true to a perticular group member.where that employee come. Third, decision has negative influence or harmful to interested employee, may be incurring they job gone, chance get promotion, or good salary.

Form of Discrimination: Aspect Deliberateness and Aspect Institutional
One framework that quite useful to analysis vary form of discrimination can made with differentiated degree of where action discriminative did secara seliberately and separate with degree of where that action occurs intuitively and institutionalized. First, action discriminative may be part of separate behavior from someone that deliberately and aware do discrimination because any privacy prejudice. Second, action may be part of routine behavior from the institutionalized group, that deliberately and aware do discrimination based on privacy prejudice of their members. Third, discriminative action may be part of separate behavior from someone who intuitively and unaware do discrimination to other people because she/he accepted and implemented practices and traditional stereotype from their society. Fourth, discriminative action may be part of systematic routine from organization/company or group intuitively included the formal procedures that made discrimination to women and minority.
At recent century, occurs one changing that emphizing very important to see melihat discrimination just as problem that deliberately and individual toward emphizing that see discrimination as something systematic, and should not deliberately, from company behavior. Section VII from Civil Rights Act (1964) said: is practice employment that break the law if enterpreneur (1) failed or reject employing, or fired someone, or do discrimination to anyone in decide the compensation, requirement, condition, or rights employment with based on race, colour of skin, religion, gender, or the individu come from; (2) limitation, decomposed, or made employee group or workj seeker in anyway to decreasing or tend to decreasing the someone chance or other thing that can influence to their status as employee based on race, colour of skin, gender, or their come from.
To beginning 1970, the termination discrimination used generally to show the differentiation between delegations of minority group in cross-fungtional staf of company, either deliberately differentiation or intuitively.
Guidance book of labor Department [USA] declared at 1970 to enterpreneurs said: Affirmative action program that accepted must enclose analysis upon sector where contractor reputed lack of hired minority group and women, and more, purpose and planning in this thing to be actualization from goodwill of contractor must be directed to repair that weakness simultaniuosly increasing recruit minority group and women in all level and segment of labor who weakness any...”weakness” this definition as kurangnya total labor from minority group and women in a particular job classification compared by estimated from total available labor.
To analysis purpose, we must decompose the ethics problems that appear from policies that mean to prevent someone in order to not implemented discrimination deliberately to other people, with problems that appear from affirmative policy that have purpose to get delegation proportional minority group in business institutions.
DEGREE OF DISCRIMINATION
Whether an institution did discrimination to a perticular group can saw by statistics indicator about how distribution that group member in pertinent institution. first discrimination Indicator appear if contained proportion unbalanced upon a particular group member that hold interested position in an institution without considered preference or their ability. Any three comparison that can proven that distribution : (a) Comparison upon average adventages that give institution to discriminated group with average adventages that given to other group; (b) Comparison upon discriminated group proportion contained in the level of lower job with other group proportion in the same level; and (c) comparison proportion from group member that hold better position with proportion other group in same position.

DISCRIMINATION: UTILITY, RIGHT, AND JUSTICE
Argument that oppose the generally discrimination divisible to be three groups:
Utilitarian Argument
Utilitarian argument that oppose racial and sexual discrimination based on idea that society productivity will be optimum if job given by competence. Different jobs, to this argument, need ability and personality characteristic that different if we want in order to all productively. Moreover, different people too have ability and different personality. So, to ensure in order to job can implemented productively, everything must given to ability of individu and their personality that vary competent to this job.
But, this utilitarian argument expected at two objections. First, if this argument true, so job must be given with based qualification related by job, just if that thing will be increasing society welfare. If society welfare will be better if we given a particular job by based on criteria of needs, so utilitarian argument must fulfill that needs, not job qualification, exactly to give that job.
Second, utilitarian argument must answer too calim their opposition that said society justicely will be get adventages from any a particular sexual discrimination forms. For example, that society will be efficient if women socialized to get personality characteristics that need to managed household (not aggresive, cooperative, full atention, submissive, etc), and man socialized to get personality characteristics that need to get income (aggresive, competitive, clear, stand alone, etc).

Right Argument
Non-utilitarian arguments that oppose racial dan sexual discrimination each of one said that discrimination is wrong because that thing break based moral human right. Kant theory, for example, said that human must be treated as purpose and no just as the way to treated as freedom people and parallel with all other people, and that all individu had oweing correlative moral to treat each of people as freedom individu and on an equal. Discrimination actions break this principle in two ways. First, discrimination based on belief that a particular group reputed lower compared another group. Second, discrimination placed group discriminated in social position and lower economic.

Justice Argument
Second non-utilitarian argument group saw discrimination as fault upon justice principles. For example, John Rawls said that between justice principles that explain”original position”, that more important is right similarity principle to get chance: social dan economic injustice should be adjusted in such a manner so can distribute to available job to all people in condition that high similarity to get chance. Discrimination break this principle with the way closing chance for minority to to occupy a partucular positions in one institution so automatic mean they not get same chance with other people. And the close the chance to compete to get a particular job is not fair, that Rawls said.
Discrimination in job is wrong because break the based justice principle with the way differented people based on a perticular characteristic that not relevant with task must be implemented. The one main problem that faced by this argument is definition exactly what else reputed as relevant aspect to treat people differently and explain why race dan gender aspect reputed not relevant, but other aspects like intelegence or dedication may be reputed relevant.

Practice Discrimination
Between actions that reputed discriminative as follow:
Recruitment, in recruit new employee tend to recruit employee from race or sexual group same with contained in company. Screening, job qualification reputed discriminative if not relevant with job will be implemented. Psychotest or intelegence used to screening applicant will be discriminative process if to disqualification candidates from minority group that can not understand about language, concept, and social situation in this test, but fully qualification to implemented available job. Work interview will be discriminative if interviewer to disqualificated employee candidate with based on stereotype sexual or racial social.
Promotion. Process promotion, work advanced, and transfer said discriminative if company decomposed the evaluation work whites man with employee women and employee from minority group. Policy of promotion called discriminative if the leader give appreisal based on stereotype of racial or sexual.
Job condition. Payment of salary called discriminative if given in not same total for people that do the job is similar.
Fired. Employee fired based on comparison race and gender clearly are discrimination.

Sexual Harassment
At 1978, Equal Employment Opportunity Commision publishes chain of “guidance” to definitioned pelecehan sexual harrassment and determining what according to them as action is break the law. That guidance said:
Undesirable sexual persuasion, demand to walk out relationship, and verbal cantact or other physic that sexual-character are sexual harassment or if (1) attitude submissive to that action explicitly or implicitly multiplied by situation or work requirement of someone, (2) submassive characteristic or ignored to that action used as based to make decision affected to related with individu, or created work environment coloured by cares, hostility attitude, or disdain.

Out of Race and Gender: Other Group
Age Discrimination in Employment Act at 1967 forbids the discrimination to older employee based on Age. Same to Surferers of physical defect now protected by Americans with Disabilities Act at 1990, which forbid the discrimination to them and the company, must accommodate employees and consumer that suffered physical defect. Eventhough older employees and suffered physical defect in any case have law protection to discrimination, but this protection never or often gave to sexual preference employees because of unusual. Nothing of federal law that prohibits discrimination based on sexual oriented, and just few of state have legislation to prohibit gay and transexual discrimination. And so many company applied prohibit policy of recruitment obesity labor.

AFFIRMATIVE ACTION
All discussed policy is channel to”blinded” workers decision to race dan gender aspects. All of that policy is negative: all of them have purpose to prevented farther discrimination. Thereby, that policies ignore the fact because of discrimination ago, women and minority now do not have ability compared by whites man; because of that reason, and then women and minority now not much to representative in prestisius and atracted position.
To stop the effect of discrimination ago, many company implemented affirmative program that mean to achieve distribution representatively in company that give preference to women and minority group. The point of affirmative action program is an detailled survey of all big job classification in company. The Purpose of surveying that to determine the total of women and minority employee in a particular work classification is lower compared that estimated by degree of this group labor available in areas of their recruited. Furthermore comparing the persentase women and minority employee in job classification that available in that area. If analisis utilization show that women and minority labor useless in a particular classification job, so the company need decide the purposes and schedule to repair that things. Affirmative action program used to solve the problems that appear from discrimination ago in employee recruitment process is valid. High court decision at may 19,1986, said that eventhough fired based on race is break the law, but employee recruitment based on race is the valid way according law to repair disadventages from discrimination ago. This affirmative action program generally had criticised of the reason that, the self program have discriminative characterized, either racial or sexual and this prohibit the justice because ignored the principles of right and chance similarity.

Affirmative Action as the Compensation
Arguments that supported affirmative action, as each of one compensation form, based on concept of compensative justice. The compensative justice implied that someone must give compensation to losses people deliberately. Affirmative action program intepreted as each of one indemnitication form ganti rugi yang diberikan kaum kulit putih to kaum women dan group minority because telah merugikan mereka dengan secara not fair mendiscriminationkan mereka dimasa lalu.
Kelemahan argument yang support action affirmative yang based on principle compensation adalah principle ini mensyaratkan compensation just dari individu-individu yang deliberately merugikan people lain, dan memberikan compensation just pada individu–individu yang dirugikan.

Affirmative Action as Instrument to achieve Social Purpose
The second series argument submited to support affirmative action program based on idea that program morally is the valid instrument to achieve purposes and morally valid too. For example utilitarian claimed that affirmative action program justiciable that support or able to increasing society welfare. They said that discrimination ago was created the correlation between race and proverty. Because minority systematicly not have access to prestisius and high salary job, this group to be poor.
This opposition argument said that affirmative action program not fair because distributed adventages with based on unrelevant criteria like race, so utilitarian can answer that needs, not race, is criteria to distribute adventages from affirmative action program. Race is cheapest indicator upon needs because discrimination ago was created the high correlation between races and needs.
The primary barriers that faced by utility of social justification upon affirmative action program, first related problems whether social cost from affirmative cost (like the feeling of frustration had been around by whites workers) biggest than required adventages. Second, oppositioners utilitarian social justification upon affirmative action program asked the assumption that race is exactly needs indicator. Eventhough utilitarian arguments that supported affirmative action program are convinced, but clearly and persuasively argument to support this program can share in two sides. First, they said that expected purpose by affirmative action program is smoothly justice. Second, they said that affirmative action program morally is the valid way to achieve purpose.
The Purpose of affirmative action program expected can achieve by several way. Because job distributed not fairly, because of undistributed by used ability criteria, contribution efforts, or relevant needs. Each of one affirmative action purpose is to distribute adventages and society expense that consist with distributive justice principles, and be able to stop a particular race or gender domination upon important job group. The second purpose adalah to netralized bias (either witing or not) tu secure the same right to get chance to women and minority. The third purpose is to netralized the weakness of competitive that now held by women and minority when they competed by whites man, in order to they can get beginning position awal that same to compete by whites man.
The Purpose of affirmative action program is to create society that more justice where chance of someone unlimited by their race or gender. This purpose morally is valid as far as efforts to get same chance morally still reputed valid. The way where affirmative action program efforts to achieve society purpose justicely is with give preference to qualified women and minority, compared by qualified whites man.
Any three reason asked to show this way unvalid, that is: first, often called that affirmative action program is”discrimination” to whites man. Second, those treatments preferencely break the justice principle because used unrelevant characteristics to make workers decision. Third, a number of critic said that affirmative action program really just made disadventages to women and minority because that program implied that kaum women and minority more inferior compared by whites man so they need particular help in order able to compete each other.