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TABLE OF CONTENT
TABLE OF CONTENT .................................................................................................................. 1
I. INTRODUCTION ....................................................................................................................... 2
II. DISCRIMINATION BETWEEN WHITE MEN AND WOMEN OR MINORITIES IN
AMERICA ...................................................................................................................................... 2
1. Racial discrimination .............................................................................................................. 2
a. Overview ............................................................................................................................. 2
2. Case study ........................................................................................................................... 3
2. Gender disparities ................................................................................................................... 4
a. Overview ............................................................................................................................. 4
b. Case study ........................................................................................................................... 6
III. OTHER ASPECTS OF DISPARITIES BETWEEN WHITE MEN AND WOMEN OR
MINORITIES ................................................................................................................................. 7
1. The origin of Affirmation Action ........................................................................................... 7
2. Reverse discrimination............................................................................................................ 8
3. Other reasons that create disparities between white men and women or minorities .............. 9
IV. CONCLUSION....................................................................................................................... 10
V. REFERENCES......................................................................................................................... 11

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I. INTRODUCTION
“I believe discrimination still exists in society and we must fight it in every form, as stated by
Andrew Cuomo the current governor of New York” (Sifferlin, A., 2012). All throughout history,
discrimination has been an underlying issue and is one that must be stopped and fixed. Throughout
time African-Americans have been the most notable victims of discrimination. Dating back to the
early seventeenth century, blacks have been discriminated and enslaved for absolutely no reason.
There have been many attempts to end the discrimination, but as hard as people try this is an issue
that seems unconquerable. Despite the fact that the Jim Crow era has passed, it is evident from
history and peoples experiences that racial discrimination still does exist today. Unequal working
condition, payment and benefit bias, difficulty for worker to be promoted, treated based on gender
and national origin… are common discrimation situation happened in US in specific and
throughout America in general. This essay is going to remind the history of discrimination between
white men and women or minorities in America in the 17th, 18th century, including both racial and
gender discrimination, then gives out two appropriate cases of 2 big company: Coca – Cola and
Walmart, which happened in the beginning of 21st century. Also, arguments from different
philosophers (Adam Smith, Rawls, Mill, Nozicks…) are also applied to clarify the cases from
different point of view. Nevertheless, other aspects of discrimination through the Affirmation
Actions are the strong point of this essay.

II. DISCRIMINATION BETWEEN WHITE MEN AND WOMEN

OR MINORITIES IN AMERICA
1. Racial discrimination
a. Overview
In today’s egalitarian world, consisting of various races and despite of political democracy,
economic freedom, social equality, justice of law, for a long time, America exists racial
discriminations in permeated all aspects of social life. “Racial discrimination includes direct or
indirect, overt or subtle action(s) by the majority group that limit the economic, political,
educational, and social opportunities of a minority group” (Baron, R. M. & Kenny, D. A. , 1986).
In other words, “racial discrimination is the practice of treating someone differently (and usually
badly) because of the color of their skin” (Greenberg, J., 1990). Racial discrimination leads to
psychological problems, large amounts of violence, and loss of opportunities for those who are
discriminated against. Historically, “variations in skin color enabled human racial categories,
which consequently facilitated victim-group discrimination” (Hirschman, C. & Kraly, E., 1990).
There are 3 main skin categories representing for 3 group of people in America in the past: A
Negroid was referred to as “black”, that is African-American (dark skin); the Caucasoid was
referred to as “white”, that is Euro-American (light skin); and the Mongoloid as “yellow”, that is
Asian-American (light skin or dark skin). Racism in the United States has existed since the colonial
era, when white Americans were given legally or socially sanctioned privileges and rights while
these same rights were denied to other races and minorities. European Americans enjoyed
exclusive privileges in matters of education, immigration, voting rights, citizenship, land
acquisition, and criminal procedure throughout American history. “Almost one-third of African
Americans report that they experienced discriminatory treatment in the last year at least once,

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compared to a much smaller percentage of white workers” (Dixon, K. A, Duke Storen, & Carl E.
Van Horn, 2002). “White men significantly underestimate how often people of color and women
experience offensive treatment at work and in public places” (Nielsen, Laura Beth, 2004). One of
the most common things that lead one person to discriminate against another is self-esteem, which
are the feelings that we have about our abilities or value. During the 17th and 18th centuries, for
example, the colonists believed themselves superior to the native populations around them, which
they used to justify imprisoning the Indians or taking their land away. The colonists operated on a
doctrine of white superiority, believing that because they were white and supposedly more
civilized than native peoples, they deserved better treatment and resources. In a broader context,
this behavior is known as positive distinctiveness, when one group strives to be better than other
groups. While it is often used to justify discrimination, it's actually one of the more common ways
that we establish our identities and sense of belonging in the world. Through the 17th, 18th, and
19th centuries, feelings of white superiority were commonly used to justify the poor or unequal
treatment of racial minorities, but many people believed their behavior to be rooted in science.
This theory, known as scientific racism, used pseudo-scientific perspectives to provide empirical
evidence that white people were superior to people of other races. However, accompanying with
Barack Hussein Obama’s election of president of the United States in 2008, being the first black
president in its history, many people thought that the racial discrimination is gone. In the last four
years, numerous facts point out that racial discriminations are still in America against the backdrop
of president Obama’s second presidency in 2012. While many interpreted the election of Barack
Obama as being indicative of a new “post-racial” America, discrimination based on race or
ethnicity continues to be a persistent experience for people of color in the United States across
numerous domains, including housing, community policing, and health care treatment. Currently,
racial discrimination still happens in some countries, especially in the working environment where
the black-skin American are treated unfairly in the benefit and rewards structure as compared to
white people.
2. Case study
“Coca-Cola has the most valuable brand name in the world and, as one of the most visible
companies worldwide, has a tremendous opportunity to excel in all dimensions of business
performance” (O. C. Ferrell, John Fraedrich, & Ferrell, 2008). In April 1999, a class action lawsuit
was filed against the Coca-Cola Company by four current and former African-American
employees for racial discrimination under the US Civil Rights Act. The plaintiffs, on behalf of
themselves and 2200 similarly situated African-American colleagues, alleged they had suffered
discrimination in pay, promotions and performance evaluations. They provided statistics showing
that the median salary for African-American employees was about one-third less than that of
whites within the company. The plaintiffs also claimed that “glass ceiling” and “glass wall”
policies kept African-Americans from rising to top positions and in particular departments within
the company. Few African-Americans had advanced to senior levels in the company, compared
to the significant representation of African-Americans among all salaried employees. The
plaintiffs argued that Coca-Cola failed to prevent and remedy this discrimination. In 2000, Coca-
Cola agreed to a $192 million settlement, the largest settlement ever in a corporate racial
discrimination case. In the settlement agreement, Coca-Cola denied the allegations, but agreed to
make sweeping changes to its personnel policies and procedures. Firstly, Coca-Cola violates Mill’s
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utilitarian theory as “Utilitarianism holds that the maximization of happiness ultimately determines
what is just and unjust. Mill contended, more specifically, that the concept of justice identifies
certain rules or rights – the upholding of which is crucial for promoting well-being – and that
injustice always involves violating the rights of some identifiable individual” (William H. Shaw
& Vincent Barry, 2016). In the case 1999, Coca-Cola failed in expressing the racial discrimination
with African-American employees in pay, promotions and performance evaluations, which means
that they didn’t maximize the whole happiness for the employees and just care about whom they
want to promote. Black and Hispanic production workers at Coca-Cola are typically assigned to
the most undesirable and physically dangerous positions and outside of their job descriptions.
However, according to the Libertarian theory, it “identifies justice with liberty, which libertarians
understand as living according to our own choices, free from the interference of others. They reject
utilitarianism’s concern for total social well-being” (William H. Shaw & Vincent Barry, 2016).
Following that, it means Coca-Cola has the right to recruit their employees based on the skin color,
origin…and distribute the work for the employees based on their own preference. They also has
the freedom in setting reward ladder and evaluating performance of their staffs, similarly, the staffs
has the freedom in deciding whether to work at Coca-Cola or not. However, in the opinion of the
writer, Coca-Cola seriously violated Rawls’s theory of justice as it “frequently concerns the fair
treatment of members of groups of people or else looks backward to the fair compensation of prior
injuries”. In addition, related to Aristotle’s fairness requirement, “justice is frequently held to
require that our treatment of people reflect their fundamental moral equality” (William H. Shaw
& Vincent Barry, 2016). Unequal treatment is reflected clearly in Coca-Cola 1999 when the
company pays African-American employees one-third less than white men and keeps them from
promoting into top level positions. Rawls’s strategy is to ask what principles people would choose
to govern their society if they were in the “original position”, which means every employees
despite the skin color, religions, and national origin… belongs to the same “original position” and
they all have equal rights and benefits working at Coca-Cola. Rawls indicated that “the basic
principle of justice is to imagine that people come together for the purpose of deciding on the
ground rules for their society” (William H. Shaw & Vincent Barry, 2016). Therefore, in order to
build an equal community in the working place, the company should create a standard ladder of
rules and requirements for all employees to perform their job and receive worth rewards. Although
the case of racial discrimination has gone for 2 decades, the people somehow remember of it as a
black point on the success of Coca-Cola Company nowadays, and it’s very easy to remind their
employees whenever they feel disappointed or unfair. The company should very focus on creating
firm and safe feeling of fair working condition for the employees and usually run campaign for
preventing racial discrimination happened worldwide. Equality and fairness also need to be
preferred during recruitment and performance evaluation in order to avoid the workers losing their
trust on company reputation.

2. Gender disparities
a. Overview
On one level, gender disparity can be narrowly defined as the purely descriptive observation of
different outcomes between males and females. However, to move beyond the descriptive level to
ask what might cause gender disparities reaches into the complex interplay of the possible sources.

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“Discrimination (the differential treatment of individuals because of their gender), biological

differences, individual and societal beliefs and attitudes about appropriate gender-specific roles,
and the choices of individuals and households based on all of these factors (and more, such as an
individual’s own circumstances) all play a role in determining gender disparities” (Chang, 2000).
“Gender discrimination is said to occur when personnel decisions are based on gender, an ascribed
characteristic, rather than on an individual’s qualifications or job performance” (Gutek, B. A.,
Cohen, A. G., & Tsui, A., 1996) (Ngo, H. Y. & Wong, W. C, 2002) . “Perceived discrimination is
an individual’s perception that he or she is treated differently or unfairly because of his or her
group membership” (Sanchez, J. I. & Brock, P., 1996). “One’s identity group may include
individuals with similar demographic characteristics, such as ethnicity, gender, or age” (Ensher,
E. A., Grant-Vallone, E. J., & Donalson, S. I., 2001). “Discrimination based on gender (or sex) is
a common civil rights violation that takes many forms, including sexual harassment, pregnancy
discrimination, and unequal pay for women who do the same jobs as men” (Foley, S., Kidder, D.
L., & Powell, G. N., 2002). Unfortunately, most U.S. women are all too familiar with all of these
inequalities. In the past of 17th, 18th century, white women played almost no role in US political
apparatus or economic contribution. The husband controlled all the money and property even they
were belonged to the women before marriage and women were under their husband authority
because the society at that time believed that women were weak people and less educated. Even
the women’s origin were in rich and illustrious families, they were responsible for keeping the
house clean, giving birth and taking care of children, managing the slaves or working on the
gardens and crops. However, it were the darkest time for people in the US whom were female and
had the origin from African American because they were treated ruthless and sold to the rich
families as slaves. These women worked 18 hours per day, were feeded by the leftovers of rich
family’s dogs, and even were sexual harassed by the landlords and beated ruthlessly usually. These
black women couldn’t escape from that situation because their life were depended on the rich
families bought them and they could be easily killed without interference of the police. After the
revolution in America happened and the development of theories of justices since 20th century all
over the world, the life of women becomes better when they can enjoy all equal rights and social
benefits as men and become more respected by the society. However, it doesn’t mean that gender
discrimination totally disappear from the US’s daily life. In fact, nowadays, gender discrimination
still happen mostly in the working environment. A primary causes of gender discrimination in the
workplace is that women are under-represented in many different industries, especially in male-
dominated industries such as the auto industry. As a result, men in authority in these industries
don’t always have an open, progressive view about welcoming women, and that can create conflict,
tension, and a negative work environment. Discrimination, however, doesn’t exist solely in male-
dominated industries; it also crops up in diverse industries in which male executives and male staff
employees view women as less capable or less able to perform work tasks at an acceptable level.
When individuals perceive gender discrimination, they believe that members of their sex are
systematically disadvantaged at work relative to the other sex (Gutek, B. A., Cohen, A. G., & Tsui,
A., 1996). In assessing whether they are experiencing gender discrimination, individuals often use
social comparisons. Social comparisons provide information about what types of outcomes and/or
treatments, such as salary increases or promotions, it is possible to achieve (Major, B., 1994).
Consistent with the theory of collective relative deprivation, women who perceived that their

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organization discriminated against their own sex (i.e., group deprivation) expressed their feelings
in concrete ways, such as decreased self-efficacy (Gutek, B. A., Cohen, A. G., & Tsui, A., 1996).
Gender equality is only achieved when people are able to access and enjoy the same rewards,
resources and opportunities regardless of whether they are a woman or a man. (Fields, D., Pang,
M., & Chiu, C., 2000) proposed that “distributive and procedural justice will predict work
outcomes in Hong Kong in the same way as in the U.S. (i.e., procedural justice will have a stronger
relationship than distributive justice with work outcomes for women)”. In summary, perceptions
of gender discrimination and justice, and the processes that generate these perceptions, occur
within social contexts that often treat or reward people differently based on the social group to
which they belong. Gender differences in work attitudes and behaviors are affected by many
aspects of the organizational context, such as role expectations associated with one’s gender and
job position.
b. Case study
In 2001, Betty Dukes and other 5 female employees of Walmart filed suit against their company
in US federal court alleging that Walmart discriminated against them in salary, bonuses and
training. According to local newspaper the Miami New Times, other women say they were hired
at minimum-wage levels, currently $8.46 (£6.55) in Florida, despite men being hired for the same
positions on starting salaries of $14 to $21 (£10.84 to £16.25) per hour. After extensive discovery
and oral argument, in 2003 the plaintiffs filed an amended complaint requesting that the court
certify the case as a class action on behalf of current and former female Walmart employees
maintaining that the discrimination faced by the original plaintiffs was systematic in nature and
affected all women employed by Walmart. In June 2012, nearly 2,000 female Walmart employees
filed discrimination charges against the company with the U.S. Equal Employment Opportunity
Commission. However, the US federal court issued that if the women want to pursue the claims
against Walmart, each will have to pursue her claims individually. In November 2017, seven
women who were part of the 2001 suit filed a new lawsuit in Florida Southern District Court
alleging gender discrimination in compensation and promotion against Walmart and Sam’s Club
female employees in three regions in the southeastern USA. The plaintiffs are asking for
compensation including back pay and damages for lost compensation and job benefits. Walmart
once again declared that these claims were not suited to qualify as class action. According to the
Utilitarianism theory, utilitarian are likely to be sympathetic to the argument that steps should be
taken to reduce the great disparities in income that characterize our society today. They are likely
to believe that making the distribution of income more equal is a good strategy for maximizing
happiness. About the infant mortality, life expectancy, malnutrition, obesity, teenage pregnancy,
economic insecurity, personal anxiety, and other measure, US society has greater inequality as
compared with Sweden and Finland. In the case of Walmart, the company at the beginning must
examine various factual issues to determine which economic system and principles will best
promote social well-being or happiness for the whole employees. Walmart clearly showed that
they have more preference for the men labor when paying nearly double for men than women.
However, according to Adam Smith’s idea in the Wealth of Nations (1976), leaving business and
businesspeople free to pursue their self-interest will serve the good of society. Indeed, Smith
believed that only through egoistic pursuits could the greatest economic benefit for the whole
society be produced. Similarly, the “Libertarian theory identifies justice with liberty, which
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libertarians understand as living according to our own choices, free form the interference of others.
They reject utilitarianism’s concern for social well-being” (William H. Shaw & Vincent Barry,
2016). This statement means Walmart were totally free in paying for its employees even if this
would decrease overall happiness, and the women worker are free to choose to continue working
at Walmart or leave. However, the writer will give some arguments against this statement.
According to Nozick’s theory of justice, “you are entitled to your holdings if you have acquired
them without violating other people’s right” (William H. Shaw & Vincent Barry, 2016).
Obviously, Walmart is violating the rights to be treated fairly of women when they pay women
less than men, which means the action is immoral. “Rawls, however, is equally unsympathetic to
the libertarian approach adopted by Nozicks. Contrary to the entitlement theory, he argues that the
primary focus of justice should be the basic social structure, not transactions between individuals”
(William H. Shaw & Vincent Barry, 2016). Rawls suggested that “the first problem of justice is to
determine the principles to regulate inequalities and to adjust the profound and long-lasting effects
of social, natural and historical contingencies” (William H. Shaw & Vincent Barry, 2016).
Walmart at first need to establish equal paying ladder for the employees, and the disparities in
income among workers should only be from the different positions, different working efforts, not
the gender of the employees. Women in the case above should receive positive response from the
company through compensation for the benefit lost in the past, and Walmart should not continue
to ignore all the responsibilities to these old employees as they did from many years. Also, Walmart
need to adjust the equal income procedure and announce publicly for the employees to erase the
bias about the company payment, moreover participating in anti - gender discrimination campaign
can help the company rebuild the reputation.

III. OTHER ASPECTS OF DISPARITIES BETWEEN WHITE

MEN AND WOMEN OR MINORITIES
1. The origin of Affirmation Action
The United States was founded on principles of social equality, and White Americans, more than
ever before, are rejecting negative stereotypes of Blacks and are endorsing the ideal of equal
opportunity for all people. Affirmative action originated in the USA in the mid-1960s to early
1970s as a response to deeply entrenched patterns of racial discrimination in institutions of
employment and education, and the resulting exclusion, segregation and disadvantage of blacks.
In an effort to combat discrimination against African Americans in the 1960s, the administration
of President Lydon B. Johnson introduced an entirely new concept. The president recognized that
merely prohibiting discrimination was not enough to level the playing field: The effects of
centuries of segregation and legalized discrimination had put African Americans at a severe
disadvantage. They had attended inferior schools, had been barred from good jobs, and had been
shut out of the political process. The affirmation Action could be taken to ensure that minorities
received jobs, promotions, admission to universities and other important opportunities. In the
United States, for instance, affirmative action almost immediately spread outward from native-
born blacks to other groups with an arguably lesser need for remedial treatment, including women
and other ethno racial minorities – Hispanics and Asians in particular, whose numbers increased
dramatically as a result of immigration reform. One of the major affirmative action battlefields lies

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in the white-collar and craft occupations. Federal laws are enforced by the U.S. Employment Equal
Opportunity Commission to ensure that women are protected from gender-based discrimination in
the workplace. This discrimination can come in the form of sexual harassment, withholding
promotions based on gender, giving a different job title to a woman and preventing women from
participating in training opportunities. The results discrimination against females in the workplace
can include diminished company revenue, high employee turnover, low morale and reduced
productivity. In these skilled positions, employers are most sensitive to productivity differences
and have complained the most about the burden of goals for minority and female employment.
After the establishment of the Affirmative action, Black females in contractor establishments have
increased their employment share in all occupations except technical, craft, and white-collar
trainee. The positive impact of the contract program is even more marked when the position of
black females is compared with that of white female. Also, currently, there have bigger equality
among employees working in the same industry as any person from any nation or religion can be
recruited by big companies and work equally together then receive the benefits based on their
efforts. Thanks to the establishment of the Affirmative Action’s policies, most businesses
nowadays stress out the importance of anti-discrimination in the workplace and minorities’ people
in the US can enjoy the equal living environment as well as the White citizens.

2. Reverse discrimination
One of the arguments against Affirmative Action was that preferences towards minorities and
women produced the effect of “reverse discrimination" against white males. In the 1979 United
Steelworkers of America, AFL-CIO-CLC v. Weber case, the Supreme Court ruled that the private
sector could apply voluntary racial preference programs in hiring. Conservatives accused the high
court of endorsing “reverse discrimination." Many stated that employers and schools that favored
women and minorities were committing the same injustice that the Jim Crow Laws had committed
against blacks. On the other hand, others believed that a temporary imbalance in employment and
higher learning institutions helped to counteract past injustices until racial, minority, and gender
equality could be achieved. In a backlash against Affirmative Action, President Ronald Reagan
cut funding for the Equal Employment Opportunity Commission and the civil rights division of
the Justice Department. Reagan believed that the government promoted reverse discrimination and
stated that it should relax its efforts to reach employment equality on behalf of blacks and other
minority groups. He also believed that compensating blacks and other minority groups for past
discrimination with hiring quotas, numerical goals, and timetables, ought to be eliminated. As a
result of those cuts, the EEOC filed 60 percent fewer cases by 1984 than it had at the beginning of
the Reagan administration. Also, cases against segregation in schools or housing, prepared by the
Justice Department, virtually disappeared. There are some cases happened in the USA that the
white men sued the company because they feel reverse discriminated when the Affirmative action
policies have more preferences for women and minorities in the remuneration regime and social
insurance for day-offs. According to the nature of justice given by some philosophers, all person
are equal and treated fairly despite the race or gender. Many minorities and women continue to
support Affirmative Action, but a growing number of them are admitting that the benefits may no
longer be worth its side effect: the perception that their success is unearned. Overall, minorities
and women continue to possess the vastly lower-paying jobs and are actively discriminated against

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in some sectors. By requiring corporations and contracting businesses to exercise special

consideration for minorities and women in their hiring practices, the end result has sometimes been
a less experienced or qualified workforce, resulting in a decreased ability to compete against less
racially diverse corporations. In many cases, however, with increased training opportunities, those
less qualified have proven to become as effective as those more skilled.

3. Other reasons that create disparities between white men and women or
minorities
In today business, the reason why discrimination happened in the workplace can even come from
the preference for women and minorities. For example, the maternity policies for women that
allows the women take rest in 12 weeks at home but still receive the company payment can make
the company feel hesitated when recruiting women labor. According to the narrow view provided
by Milton Friedman of corporate responsibility, because the function or a business organization is
to make money, the owners of corporations employ executives to accomplish that goal. This means
that if the company only hire men labor, they don’t need to pay for the maternity budget anymore.
Although this action violates the theory of justice, however, this is the beneficial way for company
profit maximization. In addition, there are many science researches pointing out that men are often
better than women in almost industries. They do believe that men are strong leaders and can make
tough decisions that women cannot make. Men can make the better military decision than women
can, they have stronger mind while women are often emotional and let their emotions disturb the
job effects. Many companies usually hesitate when promoting women into manager level because
they believe that women have the responsibility in home taking and children caring, which can
limit the efficacy of the job provided. Based on the theory of justice and utilitarianism, yes it does
violate the happiness and equal rights of women, however, look back in the narrow view of
company profit, it could be the suitable reason why gender discrimination happened in the
workplace.

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Not only women, minorities – black people

often face with racial discrimination every
day in the job recruitment. Based on the
statistical evidence, many companies can
conclude that the black people have lower
educational level, less intelligent, easier to
have social evils as compared to the white
people. In addition, Black and Hispanic
Americans are still behind white Americans
in terms of wealth and educational
attainment. The company could raise
question why the black people seem to be
poorer than the white people, and the reason
can be because of their losing even in equal
treatment as white people. If the company
looks only in the narrow view of profit focus,
they should be consider more when hiring
black people. These are the other reasons that
cause discrimination in today businesses.

IV. CONCLUSION
The immigration of people from different nations since 1600s to America has created diverse
culture in this country. Since the beginning of the colonization, discriminations against women
and minorities has happened up till now, especially in the workplace. In the past, when the white
American has the most powerful authority in the society, they treat unfairly with the women and
minorities, they sold and buy the black people as slaves because they have the proud of being the
social leader at that time. After many years of revolution and fighting for the equality, women and
minorities in the US finally can live in the peaceful and equal living environment. However,
discrimination in gender and race still happen in the workplace now as the leaders of the companies
have the thinking that women and minorities cannot work as good as white men because women
cannot make tough decision like men and are busy of taking care of their families, black people
have lower educational and wealthy level than white people. However, based on the theory of
justice and utilitarianism, companies cannot base on personal preference to recruit and evaluate
the performance of their employees. Anyone in the company should be treated fairly, equally in
promotion and benefits given by the company. In addition, Affirmative action’s policies need to
be spread globally to protect women and minorities, however the company need to consider
carefully to avoid the reverse discrimination feeling against US white men.

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Greenberg, J. (1990). Organizational justice: Yesterday, today, and tomorrow. Journal of Management,
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