Topic: Gender Discrimination: Lily Ledbetter vs Goodyear Tire & Rubber Co.

Ledbetter v. Goodyear Tire & Rubber Co., 550 U.S. 618, is an employment discrimination decision of the Supreme Court of the United States

A thesis. Start a new paragraph with a precise and clear sentence in which you state your moral position with regard to the case that you presented in your first paragraph. This is known as stating your thesis. (See the “Thesis” passage in “The Argumentative Essay” in Hardy, Foster, & Zúñiga y Postigo, 2015). The thesis you state here should be an improved version of the thesis in your initial post in the discussion, revised on the basis of your professor’s feedback and your reading of “The Argumentative Essay” indicated above.

A thesis is only one sentence, so do not write a series of sentences, or a complex sentence with explanatory clauses (e.g., “because…” or “since…” or “according to Dr. Mary Expert, an economist with the Bureau of Labor statistics…”, or “a law that was ratified with 80% votes in favor…”). An example of a precise and clear thesis is this: “Factory farms are not morally justifiable” or, of course, the opposite point of view: “Factory farms are morally justifiable.” Keep in mind that your thesis in this assignment will be the basis for the argumentative essay of the Week 5 written assignment, so take your time when formulating this thesis.

Ethical theory. In the same second paragraph as the thesis statement, identify the ethical theory that supports your moral position. You may choose from utilitarianism, duty ethics, or virtue ethics. Present the characteristics of the ethical theory in a broad sketch and include citations and references in APA form. Then, apply your chosen ethical theory by explaining how it lends itself to the moral position that you are defending.

Two premises. Present at least two reasons in support of your thesis and these should be presented in the form of a claim. These are called premises. Articulate each premise in one clear and grammatically correct sentence. Review Section 9.1 of With Good Reason: A Guide to Critical Thinking (Foster, Hardy, and Zúñiga y Postigo, 2015). Start a new paragraph for each.

In the rest of the paragraph, support your premise by presenting an analysis of how the ethical theory lends itself to the best solution. This analysis includes articulating the characteristics(s) of the economic system at work that support the claims in your premises. It also includes examining the effects of the law(s) at work that also support the claims in your premises.

Comparative analysis. In the final paragraph, analyze how this application lends itself to a solution that is superior to that offered by one of the ethical theories that you did not select. To do this, provide a clear statement describing the moral solution offered by this other theory. For example, if you chose utilitarianism to apply to your case, then you can choose from either virtue ethics or deontology for your comparative analysis. Explain in no more than three sentences what moral solution would result from the application of this other ethical theory. Finally, analyze the strengths of the moral solution presented by your chosen ethical theory in ways that demonstrate how it is superior to the moral solution offered by the other ethical theory.

Your references should include at least two scholarly sources from your own research in the Ashford University Library, Google Scholar (this is not the same as Google), or the Stanford Encyclopedia of Philosophy. No Wikipedia articles and the like should be included in the references, nor employed to inform your paper. Also keep in mind that dictionary definitions are not references in the academic sense

The strongest possible objection to your thesis. After the final paragraph of your Week 3 Case Analysis Assignment, start a new paragraph that introduces the strongest possible objection to your thesis. The considerations for this are detailed in Section 9.2 of With Good Reason: A Guide to Critical Thinking (Hardy, Foster, & Zúñiga y Postigo, 2015). Make sure to employ the appropriate language to introduce the objection, such as “some may object to my thesis as follows” or “according to [so and so] the thesis presented here fails to account for X” [whatever he or she finds problematic]. You can find other language to do this, of course, but the key point here is to make sure that you indicate that someone else is speaking when presenting this objection.

It is also important to remember that you do research to discover good objections and not merely objections that are weak and thus easily rebutted. Look for peer-reviewed journal articles in the Ashford University Library, full-text articles in Google Scholar, or articles in the Stanford Encyclopedia of Philosophy. Present the opposing position fairly and in detail. This may take more than one paragraph.

A rebuttal. This is a refutation of the objection that you have just presented. Start this in a new paragraph following the objection paragraph(s). Once again, follow the indications of Section 9.2 of With Good Reason: A Guide to Critical Thinking (Hardy, Foster, & Zúñiga y Postigo, 2015). You may point out an error in the objection. Or you may show that, while it is an important objection, it does not apply squarely to your argument, or does not account for facts that make it irrelevant. Above all, make sure to maintain philosophical decorum in your rebuttal. Toward this end, you should apply the principles of charity and of accuracy, first introduced in the Week 1 course material. See “Confronting Disagreement” in Section 9.4 of With Good Reason: A Guide to Critical Thinking (Hardy, Foster, & Zúñiga y Postigo, 2015).

Closing remarks. End your argumentative essay with a paragraph of closing remarks. Provide some reflections of what you have attempted to achieve by means of your essay. You could, for example, explain how your essay sheds light on the broader controversy that it addresses. Or you could point out how your essay addresses a frequently ignored point or the unpopular side in the controversy. You could also reflect on the related matters in the broader controversy that would be useful to examine by others. Do not merely summarize what you have done in the body of your essay, and do not add new information here that would support or contradict your essay since the body of your essay should have addressed all the relevant points. See “Closing Your Essay” in Section 9.2 of With Good Reason: A Guide to Critical Thinking (Hardy, Foster, & Zúñiga y Postigo (2015).

Suggested References: Bader. H. (2013). Misconceptions about Ledbetter v. Goodyear Tire & Rubber Co (Links to an external site.). (Links to an external site.) Engage, 13(3), 26-30. Retrieved from http://www.fed-soc.org/publications/detail/misconceptions-about-ledbetter-v-goodyear-tire-rubber-co

This article discusses the Supreme Court’s decision in Ledbetter v. Goodyear Tire & Rubber Co., as well as two subsequent pieces of legislation, the Lilly Ledbetter Fair Pay Act of 2009 and the Paycheck Fairness Act.

Brake, D. L., & Grossman, J. L. (2007). Title VII’s protection against pay discrimination: The impact of Ledbetter v. Goodyear Tire & Rubber Co. (Links to an external site.)Regional Labor Review, 10(1), 28-36. Retrieved from http://www.hofstra.edu/pdf/academics/colleges/hclas/cld/cld_rlr_fall07_title7_grossman.pdf

This article examines Ledbetter’s negative impact on rights-claiming under Title VII and maps out the legislative fix necessary to restore statutory protection against pay discrimination.

Friedman, M. (1970, September 13). The social responsibility of business is to increase its profits (Links to an external site.). New York Times Magazine. Retrieved from http://umich.edu/~thecore/doc/Friedman.pdf

Friedman presents a two-part clarification of what we may understand as social responsibility. The first part states that the responsibility of business is to its shareholders by using its resources to increase profits. Most stop here and assume that Friedman is advocating an ethics of egoism. But the important second part is that Friedman argues that business must be bound by the law and rules of honesty and decency toward others.

Accessibility Statement (Links to an external site.)

Privacy Policy does not exist.

Furchtgott-Roth, D. (2010, September 28). Testimony on the gender pay gap (Links to an external site.) [Testimony before the Joint Economic Committee]. Retrieved from http://www.jec.senate.gov/public/_cache/files/2a1f8ad4-f649-4ad3-a742-268d946962db/furchtgott-roth-testimony.pdf

An economist reports that, according to the most current figures, women have nearly closed the formerly wide divisions that separated men and women in terms of economic and social status.

Ledbetter v. Goodyear Tire & Rubber Co. 550 U.S. 618 (2006) (Links to an external site.). Retrieved from https://www.law.cornell.edu/supct/html/05-1074.ZO.html

Justice Alito delivers the opinion of the Supreme Court regarding this case.

Strauss, Karsten (2014). U.S. Cities Where Women Earn More Than Men (Links to an external site.). Forbes. Retrieved from http://www.forbes.com/sites/karstenstrauss/2016/04/04/u-s-cities-where-women-earn-more-than-men/#f5bddd75d116

U.S. Department of Labor. (2009, January 12). An analysis of the reasons for the disparity in wages between men and women (Links to an external site.). Retrieved from http://www.hawaii.edu/religion/courses/Gender_Wage_Gap_Report.pdf

This report shows that although women have made notable gains in pay, there is a gender gap in pay of around twenty percent. This is due to three factors: (1) most women take part time jobs, (2) a greater percent of women compared to men leave the labor force for child birth, child care, and/or elder parents care, and (3) women prefer certain family friendly industries or jobs that also tend to be lower paying.

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