Unfair Discrimination at Work

Abstract

Imagine you are scanning the appointments section of a newspaper and come across the following advertisement. As you read it, ask yourself the question: what aspects of the advert are discriminatory?

Sales executive required for a medium-sized electronics firm wanting to expand its customer base into Japan. Applicants must have at least five years previous experience of international sales and be aged between 28 and 35. Fluency in Japanese is essential. The job requires energy, dedication, and adaptability, as considerable periods of time will be spent outside the UK. Starting salary will be commensurate with age and experience, and a mixed benefits packet will be offered in line with personal requirements.

The answer is: all of it! The company’s management is seeking to discriminate between people on the basis of whether or not they have the appropriate attributes to carry out the job. The important issue, however, is not whether discrimination is occurring (it certainly is) but whether the discrimination is based on fair criteria. For example, the requirement of fluency in Japanese is obviously a criterion which discriminates in favour of people who can speak the language; if you cannot speak Japanese you will not get the job and therefore will be discriminated against. Yet, the company managers who have made ‘fluency in Japanese’ a criterion for choosing between people are likely to argue that this is fair because it is an essential requirement to performing the job well.