Monday, December 7, 2009

The Irrepressible Law of Unintended Consequences

One need not be a philosopher to appreciate the irony of this:

The APA (American Philosophical Association) strives to establish an anti-discrimination policy that, as Alexander Pruss points out, winds up protecting the very behavior it sought to do away with. The policy seeks to prevent philosophy departments from discriminating in their hiring practices against anyone on the basis of:

...race, color, religion, political convictions, national origin, sex, disability, sexual orientation, gender identification or age, whether in graduate admissions, appointments, retention, promotion and tenure, manuscript evaluation, salary determination, or other professional activities in which APA members characteristically participate. This includes both discrimination on the basis of status and discrimination on the basis of conduct integrally connected to that status,

Pruss observes that such a policy is ironic in that the very conduct which the policy was intended to eliminate becomes protected by the policy:

Suppose George is a member of Westboro Baptist Church (for those who don't know about it, it's a virulently anti-gay congregation--and that's by far an understatement, as is indicated by their URL which I shall not reprint but which you can see if you google for them). George applies for the position of chair of a philosophy department at a state school, and expressly states during the interview that if appointed he would, under all possible circumstances, do his utmost to block the hiring of any gay faculty. It is clear that he ought to be dismissed as a candidate there and then, since he is committed to conduct that is unprofessional in the institutional context he is a candidate for. However the APA policy appears to prohibit dismissing George from one's list of candidates.

Thus, the policy prohibits discriminating against George for his adherence to the tenets of Westboro Baptist or acting in ways that are "a normal and predictable expression" of his adherence. But it is extremely plausible that doing one's best to block the hiring of gay faculty is "a normal and predictable expression" of being a Westboro Baptist .... Therefore, the committee cannot discriminate against George on the basis of his unwillingness to comply with university policies that, we may suppose, prohibit discrimination against gays.

There's more on this at the link. Pruss takes the matter pretty seriously, and I suppose he should, but it amuses me that the more people try to formulate codes to articulate their tolerance of every difference imaginable, the more the law of unintended consequences rises up to bite them. Wouldn't it be easier to simply state that hiring will be based primarily on the candidate's qualifications and character, and let it go at that?

RLC