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Case Analysis: Gender Discrimination in the Gig Economy
Introduction
There is a history of well established discrimination in the labor market based on color, gender, age, weight, and other attributes. The sexism presents many ethical issues in this regard. It affects the policy of the organization which can incite the human resource management directly. From hiring to firing the gender discrimination does exist. It provokes harassment, insecurity, and psychological inferiority complex in the female workers. It is the gender discrimination which can affect the productivity at the workplaces. They are often paid less as women often do not negotiate for equal salaries to men. Women are the half of population and it is immoral to stereotype them due to their sex. It is assumed that they are not mentally tough, will work for less, and can be manipulated due to assumed less productivity. I think it is more about the organizational culture than anything else. It is assumed that it hiring males can check more boxes than hiring a female which depicts the utilitarianism. The gender discrimination lies pretty much within the theory of deontology as due to the common perception of the society towards the women. They are discriminated against their capability and equality. [ CITATION Sii12 \l 1033 ]
Facts
The important facts in this case are legacy of gender discrimination, socio-cultural environment, and institutional policy. There is no doubt that human race have a history to gender discrimination.[ CITATION PAO15 \l 1033 ] The seed of discrimination has become a well grown tree. The perception of the society is also the key component in this case. This approach has changed with the passage of time in different cultures though. The company code of ethics matters a lot in this regard. It is the policy of company which defines the ethical conduct of its operations in terms of gender equality. The hiring policy based on discrimination is the root cause here. It should be based on the equal opportunity and merit. Sadly it has been not the case. [ CITATION ByH18 \l 1033 ] The company code of ethics can play a vital part in this regard with a vivid management policy on both hiring and operational fronts. The chevron illustrates it very well “Our policy against discrimination aligns with our position on diversity. The Company follows the laws that prohibit discrimination in employment practices, wherever we do business. It is Chevron’s policy to provide equal employment opportunities and to treat applicants and employees without illegal bias. It is our policy that no one at Chevron should ever be subject to discrimination”.[ CITATION Che \l 1033 ] Civil Rights Act of 1964: Title VII (Equal Employment Opportunities) strictly prohibits the gender discrimination in any aspect of life. The Equal Pay Act (EPA) of 1963 is also quite applicable in this regard. [ CITATION Gen \l 1033 ]
Stakeholders, harms, benefits, and rights
The important stakeholders in this regards are the hiring organizations, the civil society, the NGOs working for gender equality, corporate boards, and governmental regulatory bodies. [ CITATION 20117 \l 1033 ] So far in this case there are two segments which have been harmed, firstly the social fabric as a whole and secondly in particular the women. The women are not equally hired, paid less, harassed, and promoted less. This creates a chaos in the social structure as well. The men are the main beneficiary of gender discrimination. They are hired disproportionately, paid better, and promoted without any discrimination. The women get discouraged by such discrimination in spite of the merit and qualification. The right of equal hiring, EPA, and promotion is denied for the women in this case. On the other hand men’s rights for the same are effectively exercised as they enjoy better opportunities in this regard.
Alternative courses of action
The alternative course of actions to me should be focusing on more about the hiring policy based on discrimination. It is the basic issue here as it is interlinked with root cause of the problems such as societal perception, capability, and equality. Here are the some alternative courses of actions to remedy this particular problem;
Make the hiring discrimination as a business concern
Awareness
Overhauling of the HR policy
The first course of action is to ensure diversity in the workplaces. Business can make it an issue for the longer run. It will take some time to integrate but with proper training it can be helpful to ensure equality while hiring. Secondly, the awareness is vital both in society and within businesses in this regard. There should be seminars and meetings to educate both employees and employers about this. It is also a slow process to bring change but highly effective. There ethics committee of a company can play vital role in this regard as well. Lastly, the review of the HR policy is critical as it will set the precedent for the future. The policy should be strictly based on the equal opportunity for everyone. The HR management should be coached to analyze and evaluate the merit of the candidate without any concerns based on gender.
Evaluation of the Alternatives
Making equal hiring as a business issue would develop the organizational culture based on diversity. The organizations are major stakeholders in this regard. It will bring sense of transparency and moral legitimacy in for the employers. This alternative course of action will also provide the logical ground for the equal hiring as it has become the part of business model. The integration of the policy into the business model has significance to futuristic growth of the organization. The productivity of the organization as a stakeholder will enhance. The public perception of the employer would also improve as a socially responsible businessman. The women are often more ambitious and productive if provided the equal opportunities as men to excel. It will also increase the productivity of the businesses in the long run.
The awareness is another critical alternative course of action which can be ruthlessly adapted in this regard. This course of actions will have long term effect on the society as whole. It will bring not only bring better level of equality at the workplaces but will also help to boost the social perception of the women regarding their capability and qualification. The women will get confidence booster if this alternate course of action is applied effectively. The awareness at social, academic, and in business place is the strategy to be followed in this regard. The awareness can be in the form of literature, videos, and training. The stakeholders of all forms have a direct relation with the effectual awareness campaign/strategy. The society, organizations, employees, employers, and regulatory bodies can all improve on the ethical positioning after the implementation of this course of action. The education is the key here; it will encourage society to embrace women as an equal segment of the society. [ CITATION Wil \l 1033 ]
The overhauling of the HR policy is the very basic of this whole alternative course of actions. It may have an aftershock affect for the organization as a stakeholder early on as human always do resist to change. If the awareness policy is applied well there should be less resistance. The main stake holders who will be affected by this course of action are the employer and employees. The HR policy with equal gender based preference may be a little shaky for the current employees of the organization and for employer as well. The patience is the key to let the policy integrate in the culture of the organization to produce results. In the futuristic perspective, it would bring calm, harmony, and enhanced productivity. [ CITATION CSS15 \l 1033 ]
These actions for an alternative course befit in the deontology as an ethical model. This set of actions ensures the equality of the humans by ensuring the equal right of making a living and pursuing a career. The equal respect and status for every being is the very essence of the deontology. The gender discrimination while hiring people is not morally admissible, it is also dehumanizing for the entire human race. Immanuel Kant has vividly described the importance of natural law in this regard in the theory of this ethical model. To him it is the only way to differentiate between the ethical positioning of good and bad. [ CITATION SPu12 \l 1033 ]
Recommendation
My recommendation in this case is that there should be a well established awareness campaign and policy for both public service and organizational structures. The best way to comprehend this problem is to educate stakeholders about the percussions of the menace. The seminars, conferences, media can provide perfect platform to bring awareness in the public. The training, mentoring, follow-up meetings, and periodic assessment system can be helpful for the inter-organizational change. The deontology’s application should be the basic root map for this recommendation. The spirit of the humanity should be promoted according to the laws of nature. The equality is the basis of stability for any society in any aspect.
The professional ethics require ethical leadership and fairness as basic principles. I believe these principles are applicable in this regard. [ CITATION Cod14 \l 1033 ] The code of ethical leadership requires the HR management to lead by example through fair conduct while hiring people. The discrimination is inhumane and lunatic practice which cannot be endorsed by an ethical HR manager. The equality is an ethical notion based on the fairness and justice.
I believe this recommendation hold legal and ethical grounds with a lot of potential to eradicate the gender discrimination in the gig economy.
Works Cited
"2017 Annual Report on Gender Equality - European Commission." ec.europa.eu/newsroom/document.cfm?doc_id=43416 (2017).
Chevron. "Chevron Business Conduct and Ethics Code." https://www.chevron.com/-/media/shared-media/documents/chevronbusinessconductethicscode.pdf (n.d.): 6.
"Code of Ethics." https://www.shrm.org/about-shrm/pages (2014).
Galperin, By Hernán. "INSIGHT: What women should know before joining the gig economy." http://www.mystatesman.com/news/opinion (2018).
"Gender Discrimination: Applicable Laws." http://civilrights.findlaw.com/discrimination (n.d.).
PROFETA, PAOLA. "Ten facts about economic gender inequality." https://blog.oup.com (2015).
Punabantu, S. "Applying relevant ethical theories to equality." https://mpra.ub.uni-muenchen.de/39473/1/MPRA_paper_39473.pdf (2012).
Punabantu, Siize. "Applying relevant ethical theories to equality." https://mpra.ub.uni-muenchen.de/39473/1/MPRA_paper_39473.pdf (2012).
Stamarski, CS. "Gender inequalities in the workplace: the effects of organizational structures, processes, practices, and decision makers’ sexism." https://www.ncbi.nlm.nih.gov/pmc/articles/PMC- (2015).
Yakowicz, Will. " How to Remove Gender Bias From the Hiring Process." https://www.inc.com/will-yakowicz (n.d.).