| Among the various
issues arising in the world, sexual discrimination
has also gained due importance. Ever since the
universal declaration of Human Rights, the rights
of women have been recognized. However these rights
are not given to its full extent practically as
the women of today is not only aware of her rights
specifically at workplace but also confident and
comfortable to get effective remedies against
the sexual discrimination occurred at work place.
Nonetheless, various organizations and Wal-Mart
stores have started using a sophisticated tool
to practice sexual discrimination at workplace
in the under the business ethical philosophy of
Utilitarianism.
Utilitarianism is basically a theory related to
business ethics, where its philosophy emphasizes
on moral value and the correctness of moral actions,
which are related to the consequences of such
actions in order to maximize the utility even
if it harms in some other way but such actions
maximizing utility is morally right. For instance,
to break a promise is not wrong but as it is morally
considered wrong due to its negative consequences.
Therefore, the principle of utility is related
to acts, which result into positive consequences
that maximize the benefit of the utility. Where
here consequences is taken under the meaning of
benefits and harms. (Milton Snoeyenbos and James
Humber)
Sexual Discrimination according to the United
Nations Convention is defined as any form of discrimination
that results in the limitation of Human Rights
and does not allow women, independent to their
family situation to enjoy the same rights of freedom
in political, economic, social as well as other
realms equal to those of men. (U.N. Human Rights
Convention 1996) However, the most apparent discrimination
observed in a sophisticated manner is via work-relations
as well as through the training institutions at
work place in the shape of employees or trainees.
(Human Development Report, 1995)
Sexual Discrimination Vs Utilitarianism
Sexual discrimination in work place is not about
a few organizations, it is related to the attitude
of every working American in the work place. Specifically
such discrimination against women is experienced
in the Wal-Mart as about 1.6 million lawsuits
are found in this regard, which is considered
the nation’s largest sex discrimination
at work place. For instance, a lawsuit filed recently
in the federal court of America against a Wal-Mart
showed that women at all jobs are paid less then
men where 33percent of managers at the Wal-Mart
are women. (Union Tribune 2004)
Therefore, under the sophisticated business ethical
philosophy of Utilitarianism, sexual discrimination
is still being practice at various Wal-Mart’s
in America. For instance, women are discriminated
for the selection of posts or the wages are not
given according to their legal rights. They are
given heavy workloads and more responsible tasks
to cover but not given proper training from the
workplace neither a healthy salary package. The
employers justify their actions by saying that
women are psychologically more emotional and cannot
take big, urgent and critical decisions with a
practical approach. As far as training is concerned,
they are not provided the same training levels
that are to men, here the justification is that
women can leave the work place any time as they
are not always the only earning member of the
house and have other households responsibilities
so to train women in same capacity to men means
wastage of capital, energy and time. Basically
the owners and managers as well as administration
justify their discriminatory actions under the
sophisticated philosophy of utilitarianism, that
their action are to benefit the company with out
any harm to the employees and also causes benefit
to their valuable customers.
Moreover, many organizations have started working
for the working rights of women. For instance
the National Organization for women has started
a women friendly workplace campaign. According
to NOW, numerous complaints come regarding sexual
discrimination at work place specifically the
Wal-Mart stores. All these lawsuits are related
to sex discrimination in regard to salary, discrimination
on the basis of sexual orientation, as well training
and promotion.
For instance, a suit filed in the year 2001
was in relation to discrimination against female
retail employees in pay and promotion, so around
1.6 million current and former female employees
of Wal-Mart were sexually discriminated in this
regard in not only the Wal-Mart retail stores
in America but also in the discount stores, super
centers as well. (NOW 2004)
Nonetheless the women of today are very much aware
of their economic as well as social rights, thus
they raise voice against sexual discrimination
at work place and are also confident and comfortable
in filing lawsuits to get effective remedies for
such sexual discriminatory problems at work place.
A recent example is of the lawsuit filed against
Wal-Mart stores Inc. some female employees in
regard to comparable jobs and the bypass of women
for key promotions in relationship to their male
counterparts. Where the Federal Judge approved
this class-action status for sex discrimination,
which resulted in the change of policies regarding
the issue to provide equality at Wal-Mart to both
genders. David Kravets (2004)
Yet, the American jury system is facing dynamic
challenges by the lawsuits related to disparate
treatment by organizations. However, individuals
who are naïve to the required technical expertise
will obviously not given any favor by law against
the lawsuit for equal employment opportunity.
In such cases law initially investigates and determine
whether or not discrimination has occurred and
if the organization or Wal-Mart has proved to
be guilty, law sentences punishment accordingly.
(Saltzman, 1997).
Conclusion
Along the growing intensity of sexual discrimination
in this world of globalization and modernization,
the traditional sexual discriminatory trends are
still there, yet used by a philosophical tool
of business ethics called as utilitarianism. Under
shadow of this very philosophy, business owners,
more frequently and confidently practice sexual
discrimination at work places. Basically the various
Wal-Marts in America are the key areas of such
practice. They justify their actions by criticizing
the psychological nature of women that women are
naturally more emotional then men and this quality
is a hindrance for the production of quality work
as compared to men thus influences the business.
Nonetheless the business leaders of various Wal-mart
agree to the fact that women never deny or get
afraid of the workload or responsibilities and
are very much committed to their work depending
upon the intellectual capacity of every woman.
But the root cause that instigates these Wal-Mart
owners to discriminate among male and female workers
is the legal assistance provided to working mothers
or pregnant women at work. Actually pregnancy
and maternity leave changes the professional competence
and efficiency of women towards her work in Wal-Mart.
So these business leaders for their act of discrimination
justify their actions as moral under the philosophy
of utilitarianism.
Therefore, sexual discrimination at Wal-Marts
have shaped into a sophisticated and advanced
form and practiced even now despite of the protection
and legal rights provided to working women under
the civil rights and Human rights declaration
of U.N. But the positive thing is the increasing
awareness among women and their confidence to
raise voice against any form of violation of rights
to them. This is further encouraged by the various
lawsuits filed in the Federal courts against various
Wal-Marts on the same issue. So the debate between
sexual discrimination and Utilitarianism will
never end as utilitarianism at one hand is protected
by the philosophy of business ethics while women’s
right are secured by the various articles of the
UNHCR and Civil Rights protection of UN.
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