Moral Foundations of Anti-Discrimination

Catalog description

What makes discrimination wrongful, when it is? Does its wrongness depend on social context and historical background? Does it depend on harmful consequences? What makes a certain ground of discrimination an improper ground? Is indirect discrimination (disparate impact) really a form of discrimination or perhaps a mild form of affirmative action? What should be the reach and scope of anti-discrimination law? Should it allow for exemptions on religious or free speech grounds? We will address these and similar questions at a fairly abstract level, trying to understand the philosophical principles that might explain the various aspects of anti-discrimination law. Most of the legal examples will be focused on discrimination cases in the context of employment and service provision (Title VII), but we will also consider racial profiling, disability cases, and some others.