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Gender Inequality and Discrimination: an Evaluation of Will Kymlicka’s Solution

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Gender Inequality and Discrimination: an Evaluation of Will Kymlicka’s Solution
Gender Inequality and Discrimination: An Evaluation of Will Kymlicka’s Solution
PHI 319, Professor Gilbert Harman
May 10, 2011
Word Count: 2000

The working environment in the United States is still not free of gender discrimination. There are still many cases of arbitrary discrimination that come to the attention of the public, such as Chrapliwy v. Uniroyal. The court case challenged the system of Uniroyal Inc. (a rubber company), which employed mostly female workers in their footwear production division, while males dominated the other lines. This segregation is arbitrary gender discrimination, for there is no biological reason as to why women are more suited to working with footwear as opposed to men. Furthermore, there is an inequality in pay rate between men and women. In an article about gender differences, Time Magazine found that for every dollar a man makes at a certain job, a woman makes only $0.79 at the same job. This may be filed under arbitrary discrimination, for the benefits of this position are brought about by irrational decision-making. The question of gender should have nothing to do with the pay rate in cases that deal with the same employment opportunity.
Sex discrimination is commonly defined as the "arbitrary or irrational use of gender in the awarding of benefits or positions". In other words, even when a job does not relate to gender roles, the employer chooses to consider gender when hiring employees. For example, the job of a teacher is very gender-neutral; the job skills do not require anything special that only one sex provides. A construction worker, on the other hand, must be physically strong, and in this case, generally speaking more men are suited for this role. If a school principal were to hire a new teacher (from an applicant pool of both men and women) based solely on the fact that he doesn 't want to hire a woman, this is an example of arbitrary discrimination. The logic behind the decision is irrational, for the woman



Cited: Armour, Stephanie. "Workplace tensions rise as dads seek family time." USA Today, December 11, 2007. Accessed May 9, 2011. http://www.usatoday.com/money/workplace/2007-12-10-working-dads_N.htm. "Chrapliwy v Cloud, John. "If Women Were More Like Men: Why Females Earn Less." Time Magazine. Accessed May 9, 2011. Last modified October 3, 2008. http://www.time.com/time/nation/article/0,8599,1847194,00.html. Lewis, Jone Johnson. "Elizabeth Blackwell: First Woman Physician." About: Women 's History. Accessed May 9, 2011. http://womenshistory.about.com/od/blackwellelizabeth/a/eliz_blackwell.htm. "Occupational Outlook Handbook, 2010-11 Edition, Lawyers." Bureau of Labor Statistics, U.S. Department of Labor. Accessed May 9, 2011. Last modified December 17, 2009. http://www.bls.gov/oco/ocos053.htm. Werner, Wendy [ 5 ]. Jone Johnson Lewis, "Elizabeth Blackwell: First Woman Physician," About: Women 's History, accessed May 9, 2011, http://womenshistory.about.com/od/blackwellelizabeth/a/eliz_blackwell.htm. [ 7 ]. Wendy Werner, "Where Have the Women Attorneys Gone?" Law Practice Today, accessed May 9, 2011, last modified May 2004, http://apps.americanbar.org/lpm/lpt/articles/mgt05041.html. [ 8 ]. "Occupational Outlook Handbook, 2010-11 Edition, Lawyers," Bureau of Labor Statistics, U.S. Department of Labor, accessed May 9, 2011, last modified December 17, 2009, http://www.bls.gov/oco/ocos053.htm. [ 9 ]. "Newborns ' and Mothers ' Health Protection Act," US Department of Labor, Employee Benefits Security Administration, accessed May 9, 2011, http://www.dol.gov/ebsa/newsroom/fsnmhafs.html [ 10 ] [ 11 ]. "Leave Benefits: Family & Medical Leave," US Department of Labor, accessed May 9, 2011, http://www.dol.gov/dol/topic/benefits-leave/fmla.htm.

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