THE ROUTLEDGE HANDBOOK OF THE ETHICS OF DISCRIMINATION While it has many connections to other topics in normative and applied ethics, discrimination is a central subject in philosophy in its own right. It plays a significant role in relation to many real- life complaints about unjust treatment or unjust inequalities, and it raises a number of questions in political and moral philosophy, and in legal theory. Some of these questions include: what distinguishes the concept of discrimination from the concept of differential treatment? What distinguishes direct from indirect discrimination? Is discrimination always morally wrong? What makes discrimination wrong? How should we eliminate the effects of discrimination? By covering a wide range of topics, and by doing so in a way that does not assume prior acquaintance, this handbook enables the reader to get to grips with the omnipresent issue. The Routledge Handbook of the Ethics of Discrimination is an outstanding reference source to this exciting subject and the first collection of its kind. Comprising over thirty chapters by a team of international contributors, the handbook is divided into six main parts: • conceptual issues • the wrongness of discrimination • groups of ‘discriminatees’ • sites of discrimination • causes and means • history of discrimination. Essential reading for students and researchers in applied ethics and political philosophy, the handbook will also be very useful for those in related fields, such as law, sociology and politics. Kasper Lippert-Rasmussen is professor in political theory at University of Aarhus, Denmark, professor II in philosophy at University of Tromsø, Norway and Associate Editor of Ethics. His main work on discrimination is Born Free and Equal? (Oxford University Press, 2013). Routledge Handbooks in Applied Ethics Applied ethics is one of the largest and most diverse fields in philosophy and is closely related to many other disciplines across the humanities, sciences and social sciences. Routledge Handbooks in Applied Ethics are state-of-the-art surveys of important and emerging topics in applied ethics, providing accessible yet thorough assessments of key fields, themes, thinkers, and recent developments in research. All chapters for each volume are specially commissioned, and written by leading scholars in the field. Carefully edited and organized, Routledge Handbooks in Applied Ethics provide indispensable reference tools for students and researchers seeking a comprehensive overview of new and exciting topics in applied ethics and related disciplines. They are also valuable teaching resources as accompaniments to textbooks, anthologies, and research-orientated publications. Available: The Routledge Handbook of Global Ethics Edited by Darrel Moellendorf and Heather Widdows The Routledge Handbook of Food Ethics Edited by Mary Rawlinson The Routledge Handbook of Neuroethics Edited by Syd Johnson and Karen S. Rommelfanger The Routledge Handbook of the Ethics of Discrimination Edited by Kasper Lippert-Rasmussen Forthcoming: The Routledge Handbook of the Ethics of Consent Edited by Peter Schaber The Routledge Handbook of Ethics and Public Policy Edited by Annabelle Lever and Andrei Poama For more information on this series, please visit www.routledge.com/Routledge-Handbooks-in-Applied-Ethics/book-series/RHAE THE ROUTLEDGE HANDBOOK OF THE ETHICS OF DISCRIMINATION Edited by Kasper Lippert-Rasmussen First published 2018 by Routledge 2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN and by Routledge 711 Third Avenue, New York, NY 10017 Routledge is an imprint of the Taylor & Francis Group, an informa business © 2018 selection and editorial matter, Kasper Lippert-Rasmussen; individual chapters, the contributors The right of Kasper Lippert-Rasmussen to be identified as the author of the editorial material, and of the authors for their individual chapters, has been asserted in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988. All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers. Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe. British Library Cataloguing-in-Publication Data A catalogue record for this book is available from the British Library Library of Congress Cataloging-in-Publication Data Names: Lippert-Rasmussen, Kasper, 1964- editor. Title: The Routledge handbook of the ethics of discrimination / edited by Kasper Lippert-Rasmussen. Description: New York : Routledge, 2017. | Series: Routledge handbooks in applied ethics | Includes bibliographical references and index. Identifiers: LCCN 2017011639 (print) | LCCN 2017032950 (ebook) | ISBN 9781315681634 (E-book) | ISBN 9781138928749 (hardback : alk. paper) Subjects: LCSH: Equality. | Discrimination. | Social stratification. Classification: LCC HM821 (ebook) | LCC HM821 .R685 2017 (print) | DDC 305--dc23 LC record available at https://lccn.loc.gov/2017011639 ISBN: 978-1-138-92874-9 (hbk) ISBN: 978-1-315-68163-4 (ebk) Typeset in Bembo by Saxon Graphics Ltd, Derby CONTENTS List of contributors ix Acknowledgements xiii The philosophy of discrimination: an introduction 1 Kasper Lippert-Rasmussen PART I Conceptual issues 17 1 Direct discrimination 19 Frej Klem Thomsen 2 Indirect discrimination 30 Tarunabh Khaitan 3 Statistical (and non-statistical) discrimination 42 Frederick Schauer 4 Epistemic discrimination 54 Katherine Puddifoot 5 Discrimination and intersectionality 68 Natalie Stoljar v Contents PART II The wrongness of discrimination 81 6 Discrimination and disrespect 83 Erin Beeghly 7 Discrimination and social meaning 97 Deborah Hellman 8 Discrimination and irrelevance 108 Lena Halldenius 9 Discrimination and desert 119 Andres Moles 10 Discrimination and rights 132 Peter Vallentyne 11 Discrimination and equality of opportunity 140 Carl Knight 12 Discrimination and harm 151 Richard Arneson 13 Discrimination and freedom 164 Sophia Moreau 14 Discrimination and virtue 174 J. L. A. Garcia PART III Groups of discriminatees 183 15 Discrimination and gender 185 Gina Schouten 16 Discrimination and race 196 Patrick Shin 17 Discrimination and religion 207 Sune Lægaard 18 Discrimination and sexual orientation 218 Edward Stein vi Contents 19 Discrimination and disability 231 David Wasserman and Sean Aas 20 Discrimination and age 243 Juliana Bidadanure 21 Discrimination and immigration 254 José Jorge Mendoza 22 Discrimination and obesity 264 Garrath Williams 23 Discrimination and lookism 276 Xiaofei Liu 24 Discrimination and trans identities 287 Mari Mikkola PART IV Sites of discrimination 299 25 Discrimination and the job market 301 Sarah Goff 26 Discrimination and education 312 Gideon Elford 27 Discrimination and law enforcement 324 Re’em Segev 28 Discrimination and insurance 335 Ronen Avraham 29 Discrimination and politics 348 Nenad Stojanovi´c 30 Discrimination and the private sphere 360 Hugh Collins 31 Discrimination and the personal sphere 369 Hugh Lazenby and Paul Butterfield vii Contents PART V Causes and means 379 32 The social psychology of discrimination 381 Jules Holroyd 33 Discrimination and affirmative action 394 Julie Suk 34 Discrimination and diversity 407 George Hull 35 Wrongful private discrimination and the egalitarian ethos 421 Carina Fourie PART VI History 433 36 Discrimination: word, concept, anti-norm – some historical sketches 435 Robert K. Fullinwider Index 447 viii CONTRIBUTORS Sean Aas is Assistant Professor of Philosophy and Senior Research Scholar at the Kennedy Institute of Ethics at Georgetown University. His work addresses the political philosophy of diverse embodiment, especially questions about disability, difference, and justice. Richard Arneson holds the Valtz Family Chair in Philosophy at the University of California, San Diego where he has been a professor since 1973. He received the Ph.D. degree from the University of California, Berkeley, 1975. He has published extensively on a very wide range of topics in ethics and social and political philosophy. Ronen Avraham is a Professor at Law at the University of Texas School of Law and Tel Aviv University Buchman Faculty of Law. He writes in the area of insurance and discrimination. Erin Beeghly is an Assistant Professor at the University of Utah. She is currently at work on a book—What’s Wrong with Stereotyping?—that examines the conditions under which stereotyping is wrong. She also writes and teaches about topics within legal theory, including discrimination law. Juliana Bidadanure is an Assistant Professor in Political Philosophy at Stanford University. Her work is located at the intersection of Philosophy and Public Policy. Her research interests include egalitarianism, age group justice, unconditional basic income and youth quotas. Paul Butterfield is a PhD student at CUNY. Hugh Collins is the Vinerian Professor of English Law at All Souls College, University of Oxford, and is a Fellow of the British Academy. Gideon Elford is a Departmental Lecturer in Political Theory at New College at the University of Oxford. His research interests are primarily concerned with questions of distributive justice, with particular emphasis on equality, agency and responsibility. ix