Principles of Compensation
(Fred Speaking)

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Malik
 
 
 

You shouldn't broaden the principle. In Ann's view, a 22 year old black man just out of college and applying for his first good job deserves the benefit of strong affirmative action. In short, he deserves a preference over the white applicants because of "indirect harm" that we cannot clearly identify or measure. I disagree. Let me explain why.

The purpose of compensation is to give people what they do not have because of injustice. What does a 22 year old black man lack because of injustice? He is too young to have lost a series of jobs or promotions, so he can't deserve a job or hiring preference as compensation. Since he hasn't been discriminated against in the job market, what he deserves is a 'color-blind' chance to get the job he wants.


Now, if we were talking about this young man's parents, then you might have a case for compensation in the form of a job preference. Suppose that his father or mother was discriminated against by a certain company. I agree that the parent would have a case for compensation in the form of a job. We could go back to that company and make them provide the job, or back pay, or whatever. All of this is specifically provided for under the Civil Rights Act of 1964. But none of this justifies a preference for their son because he is too young to have been treated that way. He's probably only been in the job market for a short time.
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