Rights and Responsibilities in Conflict: Discrimination, Diversity, and Affirmative Action
In the preceding sections, we explored the ethical environment of several elements of the employment relationship. As explained earlier, the ethical issues discussed in the first section of this chapter are, for the most part, settled. Though our discus- sion addressed particular areas of outstanding contention, the underlying rights have been established.
In the following section, we consider several matters that scholars, jurists, and corporate leaders continue to debate. The focus is on those subtle areas where the law may not yet be completely settled, where it remains open to diverse cultural interpretations, strong minority opinions, and value judgments. Though the courts have been forced to render judgment in these areas, their decisions might not be unanimous or might reverse a strong lower court opinion representing a contrary perspective.
From a Kantian, deontological perspective, agreement on the fundamental rights implied by the following issues and on their appropriate prioritization is not yet universal. From a utilitarian viewpoint, reasonable minds engaged in these ethical issues do not always agree on which resolution might lead towards the greatest com- mon good, or even what that good should ultimately be. Distributive justice does not provide a clear-cut solution as each camp can often make an argument for fairness. Our purpose here is to articulate and apply the ethical decision-making process to