THE ETHICS OF JOB DISCRIMINATION

Group 8 :

• Arl Jonathan P.
• Putu Desy Pirdayanti
• Putu Nadiani Putri Utama
• Hanash Vidya Putri

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 A. Nature of Employment
Discrimination

• Discrimination – the wrongful act of distinguishing illicitly

among people not on the basis of individual merit, but on
the basis of prejudice or some other invidious or morally
reprehensible attitude.
 A. Nature of Employment
Discrimination
There are three basic elements of discrimination in employment, is:

1. Decisions harm an employee or more because it is not based on ability.

2. The decision taken by racial or sexual prejudice, stereotypes are wrong,

or any other attitude is morally not right against members of a
particular group of employees where it originates.

3. Decisions which have a negative impact or harm to the interests of

employees that could result in them losing a job, the opportunity to
earn a promotion, or a better salary
 A. Nature of Employment
Discrimination

In an organization, discriminatory acts can occur in the following

forms, namely:

1. Intentionally Discriminatory Activity

Discrimination deliberate and conscious. This is because:

• a. The behavior of individuals within the organization and is not

a preferred practice of the organization

• b. Routine behavior organization that has historically practicing

discrimination.
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 A. Nature of Employment
Discrimination

2. Not Intentionally Discriminatory Activity

Not Intentionally Discriminatory Activity is a discriminatory act

that occur unintentionally and institutionalized. This is because:

• Because company or organization receive traditional stereotype

practice of surrounding communities.

• Running company or organization formal procedure.

• Accidental

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 B. Level of discrimination

There are three comparisons that could prove such distribution:

a. Comparison of the average profit given institution or group in the

discriminated group with the average profit on other groups in the
same job.

b. Comparison of the proportion of the group who is criminated

contained in the lowest employment levels with other groups at the
same level.

c. The comparison of the proportion of members who hold important

more favorable to the proportion of other groups in the same office.
 C. The Discrimination Practice

Discrimination in practice occur in stages as

follows:
a) Recruitment
b) Screening or selection
c) Promotion
d) Conditions of employment
e) PHK
 D. Argument Against Discrimination

Arguments that against discrimination are:

1. Arguments Utilitarian

This argument against sexual and racial discrimination. It is

based on the productivity of the public would be optimal if
work is awarded on the basis of competence. Discrimination
against job seekers based on gender, ethnicity, race, religion or
other characteristics that are not related with the work is not
efficient.
 D. Argument Against Discrimination

2. The non-utilitarian argument

This argument against racial and sexual discrimination and states that:
a. Against racial and sexual discrimination is wrong because it violates
human rights. And this action violated this principle in two ways:
1. Discrimination based on the belief that there are superior and inferior
groups
2. The groups that are discriminated placed on social and economic
position of the poor, women and minorities have limited employment
opportunities and earn smaller salaries.
b. Discrimination is a violation of the principles of justice committed by
distinguishing people based on certain characteristics that are not
relevant to the work being done.
 E. Prohibition of Discrimination in
Indonesia
• Discrimination creates injustice and a violation of human rights.
Therefore, the international community has long sought to
eliminate discrimination. International Labor Organization or
the International Labor Organization (ILO) itself has published
two important convention on the prohibition of discrimination in
areas of employment, namely the Convention No.100 year 1951
(about the same remuneration for women workers and male
workers for work of equal value) and Convention No.111 year
1958.
 E. Prohibition of Discrimination in
Indonesia
However, some forms of discrimination are not directly harmful to
women, they may be found, including in Indonesia with the following
explanation:

1. There are many entrepreneurs who respect women as single workers.

2. There are many entrepreneurs who do not allow husband and wife to work
in a company, so that women in general were forced to resign.

3. The prohibition for a wife or husband of foreign workers (spouse of an

expatriate) working in the country.

4. Determination of a younger retirement age for women than for men is a

form of discrimination.
 E. Prohibition of Discrimination in
Indonesia

Convention No.111 year 1958. This Convention contains the

following provisions:

a. Each country draw up legislation and national policies that

guarantee equality of opportunity and treatment in employment
and occupation, including opportunities for vocational training,
employment opportunities are limited, and working conditions.

b. Company must be removed every form of discrimination based

on race, color, sex, religion, political affiliation and ethnicity.
 E. Prohibition of Discrimination in
Indonesia

• To minimize the space for officials or employers to

discriminate, as well as to protect them from accusations of
discrimination, should be formulated with clear terms of hiring
to fill each vacancy, as well as the qualifications that must be
held for eligible positions to fill certain vacancies. Technically,
the determination of terms of office requires expertise and
specific techniques. Because of that, all government agencies,
state enterprises, and private companies are advised to do a job
analysis to formulate terms of office in question.
 F. Affirmative Action

• To remove the effects of past discrimination, many

companies are implementing affirmative action Program is
intended to achieve a more representative distribution
within the company by giving preference to women and
minorities. The core of this program is a detailed
investigation of all major occupational classification in the
company.

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 F. Affirmative Action

1. Affirmative Action as compensation

Implement compensatory justice that a person is obliged to

provide compensation to the aggrieved person intentionally.

2. Affirmative Action As an instrument to Achieve Social Goals

3. Application of Affirmative Action and Diversity Management

Criteria other than race and gender to be considered when

making decisions in affirmative action programs.