week 3
- Equality and Discrimination
Civil Liberties
Civil liberties are "the freedoms of all persons that are constitutionally protected against government restraint" (Burns, Peltason, Cronin, O'Brien, & Magleby, 2004). Civil liberties have been extended to a nation's citizens (and often noncitizens) in various forms for centuries. One example is the Magna Carta, or Great Charter, granted by King John of England in 1215, which limited the king's arbitrary rule over his subjects. A more enduring example is the U.S. Constitution, with its Bill of Rights and amendments.
The Constitution of the United States: History and Function
The American Colonies, after winning independence from England in 1781, attempted to exist as a confederation—a loose group of states with largely independent governments. By 1787, the leaders of the Revolution realized that this was not working and called a convention in Philadelphia. Mindful of the need to provide a strong central government that would lead but not overwhelm, they designed the Constitution, which was ratified by all 13 colonies. It provided for three branches of government (executive, legislative, and judicial) that have separate but interdependent powers and responsibilities. It also provided for states' rights and jurisdiction. Finally, the Constitution and the first set of amendments added in 1791, known as the Bill of Rights, provided protection to the people from excessive or arbitrary governance. The Constitution's principles and intent apply in every era, even in our changing world. It was relevant in the 1700s and continues to be relevant today.
Civil Liberties under the Constitution and Bill of Rights
Regardless of what laws might be in effect or which judge may be ruling at a trial, the drafters of the Constitution wanted to protect several basic freedoms. Therefore, they created the Bill of Rights, which guarantees fundamental rights.
Freedom of speech, freedom of worship, the right to bear arms, and protection against unreasonable search and seizure were all rights granted at one time under other governments. In most cases, however, they only applied to certain classes of people or were granted and rescinded on a ruler's whim.
Other provisions in the Bill of Rights protect people in unique situations, such as those criminally accused. The Fifth and Sixth Amendments provide those accused with the right to an attorney, the right to a speedy trial, protection from testifying against themselves, and the right to have witnesses speak in their favor.
The Constitution and Bill of Rights Today
The Constitution and its amendments are employed today by all three branches of government. The judicial branch uses the words and principles of the Constitution to form decisions regarding civil and criminal trials, and lawyers cite these decisions in their arguments. Over the years, the Constitution has been challenged, interpreted, and amended, but never discarded. It is the cornerstone of U.S. government and culture, and the protections it gives U.S. citizens draw people from other countries on a continuous basis.
Reference
Burns, J. M., Peltason, J. W., Cronin, T. E., O'Brien, D. M., & Magleby, D. B. (2004). Government by the people (20th ed.). Upper Saddle River, NJ: Prentice Hall-Pearson.
Fundamentals of Discrimination
The efforts of many organizations serve to generate a culture that addresses issues such as race, racism, discrimination, stereotyping, and racial profiling. Each of these terms must be clearly defined because they have often been confused with each other.
Race is defined as "a category of humankind that shares certain distinctive physical traits" (Race, 2010). Other classifications of race also include people of similar cultures or those who share a greater degree of similar background or interest than with others. Ethnicity is often used interchangeably with race, but ethnicity encompasses more shared elements such as religious traditions and language.
Racism is defined as "a belief that race is the primary determinant of human traits and capacities and that racial differences produce an inherent superiority of a particular race" (Racism, 2010). Racism can be described further as feeling intense hatred of a race different from one's own. Racist behavior often encompasses outrage and violence among groups, but in the workplace, it can reinforce attitudes and behaviors that specifically discriminate against others.
Discrimination is the propensity for a person or group of people to limit opportunities for others based on their differences. To discriminate is defined as "to make a difference in treatment or favor on a basis other than individual merit" (Discriminate, 2010). Discrimination is subjective and is not always an illegal act. It is extremely important for leaders to understand the difference between discriminating actions that simply identify differences in the abilities of workers, as opposed to unlawful discrimination that leads to unfair treatment because of a worker's background.
The term stereotyping was first coined as a printing term to describe the duplication of an original document, which was used to make further copies rather than using the original. Later, in 1922, a published work, Public Opinion, used the term to describe stereotyping as a "picture in our heads," which was described as the way in which people viewed the world around them. Stereotypes are characterizations based on generalizations, or assumptions, that people make about members of a group. They are often incorrectly based on an image about what people in that group are like.
Racial profiling is a term used when law enforcement uses a person's race as a basis of suspicion to engage in enforcement actions. Racial profiling has long been debated; it has been argued that it is an effective tool in law enforcement to help identify potential suspects based on characteristics that are often correlated with race, and it also can be seen as an infringement on civil rights when a person is suspected merely because of his or her race.
One of the biggest challenges facing professionals in homeland security is how to balance the nation's safety and security while preserving individual liberties. The foundation for the protection of civil liberties is the U.S. Constitution. It serves as the basis for laws that govern the way in which people are treated. Human resource leaders must have a broad understanding of these laws and their applications in the workforce. Although the homeland security and emergency management fields do possess some specific challenges in the way in which people work together, the laws stretch across the entire American workforce.
References
Breslin, J. W. (1991). Breaking away from subtle biases. In J. W. Breslin & J. Z. Rubin (Eds.), Negotiation Theory and Practice (pp. 247–250). Cambridge, MA: Harvard Law School.
Discriminate. (2010). In Merriam-Webster Online Dictionary. Retrieved from http://www.merriam-webster.com/dictionary/discriminate
Race. (2010). In Merriam-Webster Online Dictionary. Retrieved from http://www.merriam-webster.com/dictionary/race
Racism. (2010). In Merriam-Webster Online Dictionary. Retrieved from http://www.merriam-webster.com/dictionary/racism
Discrimination in the Workplace
Go here: http://www.youtube.com/watch?v=gww-k8J5G-A to watch a video that explains workplace discrimination. This video is approximately 30 minutes in length.
Reference
Beasley Allen. (2012, March 20). Recognizing discrimination in the workplace [Video]. Retrieved from the YouTube Web site: http://www.youtube.com/watch?v=gww-k8J5G-A
Discussion on Protected Classes
Go here: http://newday.blogs.cnn.com/2013/12/03/archie-boss-says-white-men-not-in-protected-class/ to view an article and video that discuss protected classes. This video is approximately 4 minutes in length.
Reference
Napoli, R. (2013, December 3). 'Archie' boss says white men not in 'protected class' [Video]. Retrieved from the CNN Web site: http://newday.blogs.cnn.com/2013/12/03/archie-boss-says-white-men-not-in-protected-class/
Discriminatory Social Issues
Introduction
On July 4, 1776, the Founding Fathers of the United States of America signed the Declaration of Independence. Although this document clearly provided that all men are created equal, the history of the United States has demonstrated that theories and laws are not always sufficient to overcome prejudice. There are many forms of discrimination that are directed toward numerous minorities. Unfortunately, discrimination has had a very prominent place within U.S. history.
Racism
Racism is a form of discrimination in which one racial group dominates another; legitimates its dominance by proclaiming itself physically, intellectually, and socially superior; and institutes laws or practices to protect its dominance. The enslavement of blacks in America is a prime example of this inequality.
Classism
In some cultures or societies, an individual’s placement in a social or economic class is not based on ethnicity or race but on his or her family's status in society. In these societies, the family members' status within their culture’s class structure is not visible by observers whereas the issues a person of color faces in a society, like the United States, are readily apparent to the average passerby.
Social problems do not result from the characteristics of an individual but rather from the social organization as a whole. Everything in the system is related to everything else and is interdependent. For example, as the economy of a society transitions due to technology or political revolution, the social structures of the society also shift and transition accordingly.
Poverty in the United States can be attributed to the basic structure of the American social system. Poverty is not accidental nor is it entirely deliberate. Economic and social factors and the underlying motive of the U.S. economy are the foundation of the recurring and foreseeable permanent social problem of poverty.
Crime
Many theorists believe that unequal social structures, like racism and class, have a great deal of influence on crime and criminality. Èmile Durkheim and Robert Merton theorized that all individuals seek the American Dream of having a home, two cars, and a family, but because not everyone is given equal opportunity to achieve this, some individuals seek alternative means of reaching success—such as crime. Others theorize that economic oppression causes crime and that if everyone were treated fairly or equally, crime would be eliminated.
Sexism
Sexism is "prejudice or discrimination based on sex; especially discrimination against women" (Sexism, 2014).
Due to a long history of patriarchal societies, women have regularly been treated as unequal to men. One form of discrimination is the sociological theory of the glass ceiling and the subsequent compromise with which most women must contend.
The corporate environment is the following:
define[s] a glass ceiling as the actual or perceived barrier or cap beyond which few women (or other previously excluded minorities) in public and private organizational structures are able to move. For example, many women may have obtained the position of corporate vice-president, but for some reason cannot achieve the top position of chief executive officer despite their qualifications and efforts. In this respect, the glass ceiling is roughly comparable to a pay cap for women. (Bullard & Wright, 1993)
Social Problems and Change
Because there are many types of minorities in America and there are prejudice beliefs and discriminatory behaviors, there are numerous social problems including racism, classism, and sexism. To counteract that, opinions about issues in society are often the catalyst for the foundations of social change. Each individual has an opinion about public issues, and those combined opinions determine society's position on an issue.
"Social policies can be seen as collective responses to social problems" and are sustained through several disciplines, such as social work, psychology, political science, and economics (An Introduction, n.d.). It also draws on the following:
Social policy draws on sociology to explain the social context of welfare provision. If we are trying to improve people's welfare, it is helpful to try to understand something about the way that people are, and how welfare policies relate to their situation. (An Introduction, n.d.)
Social change, then, can be determined by society's response to given actions or identified problems. Society, however, changes slowly.
References
An introduction to social policy. (n.d.). Retrieved from Robert Gordon University, Aberdeen Web site: http://www2.rgu.ac.uk/publicpolicy/introduction/policy.htm
Bullard, A. M., & Wright, D. S. (1993). Circumventing the glass ceiling: Women executives in American state governments. Public Administration Review, 53(3), 189–202.
Sexism. (2014). In Merriam-Webster online dictionary. Retrieved from http://www.merriam-webster.com/dictionary/sexism
Gender and Ethics: Feminism
Some criticisms of traditional and even contemporary ethical theories are that many were developed by males from a male perspective. There are beliefs that individual approaches to morality are gender-based (McAdams, Neslund, & Neslund, 2007), which can invalidate certain approaches to ethics for part of the population. Furthermore, the male perspective may not fully take into account ethical considerations that are specific to females and properly recognize the diversity that exists in society. An understanding of the limitations of current ethical thoughts, as well as the opportunities relative to these theories and other actions, is of value as the topic of ethics is explored. Recognition of evolving thoughts on women’s rights provides focus for ethical concerns.
Ethical approaches can be viewed as having limitations given the sources of theories and the potential biases that there may be in perspectives. As noted by McAdams et al. (2007), Carol Gilligan believes that an individual sense of ethics is primarily based on gender. “She claims that men typically approach morality as a function of justice, impartiality, and rights (the ethic of justice) whereas women are more likely to build a morality based on care, support, and responsiveness (the ethic of care)" (McAdams et al., 2007; Driver, 2005). In addition to different approaches to ethics, there are perceived limitations relative to females based on professional status and what is often referred to as the glass ceiling or limitations on advancement, equal pay, and sexual matters.
The Types of Feminism
The classic feminists viewed that there were similar experiences among women so differences among women were not necessarily taken into account with efforts to achieve proper social and professional status and recognition (Enns, Sinacore, Ancis, & Phillips, 2004). The perspective of classic feminism was that women were dominated by men in a patriarchal system, the labor markets were unfair, and heterosexuality was forced. Difference feminism was the recognition of the fact that the female experience can vary based on race/ethnicity, sexual orientation, and national origin or culture (Enns et al., 2004). Radical feminism was viewed as a more militant approach to classic feminism because they felt female oppression was widespread and social changes were critical to address this matter (Kinds of Feminism, 2008). Equity feminism builds on other efforts with a focus on achieving true equality for women in all aspects of society.
All of these approaches to feminism are based on a common theme that gender affects various societal matters—at home, in the workplace, and beyond. They also suggest the need for reexamining ethical approaches to recognize the gender-based differences as well as the diversity in life experiences that impact ethical concerns. As efforts continue to achieve equality for women throughout the world, it seems logical that some modifications in value systems will be necessary among regions and cultures to encompass broader perspectives.
References
Driver, J. (2005). Consequentialism and feminist ethics. Hypatia: A journal of feminist philosophy, 20, 183–199.
Enns, C. Z., Sinacore, A. L., Ancis, J. R., & Phillips, J. (2004). Toward integrating feminist and multicultural pedagogies. Journal of multicultural counseling and development, 32, 414.
Kinds of Feminism. (2008). Retrieved August 24, 2009, from University of Alabama in Huntsville Women's Studies Web site: http://www.uah.edu/woolf/feminism_kinds.htm