Moral Issues
The case raises the question of whether the companies’ policies on pregnancy and marriage amount to disparate treatment or intentional discrimination of some employees based on pregnancy, marriage, childbirth, and related medical/social impairments. Given that women in many societies bear the primary responsibility for child rearing, and are disproportionately more impaired by pregnancy, the requirement that they leave if they get pregnant may amount to sex-based discrimination. Ultimately, the policy may have a negative impact on the women’s labor force participation (even though this does not appear to be the case for these airlines).
Lastly, the case raises the question of whether it is morally right for employers that benefit from the efforts of their employees to fail to accommodate their employees when they become medically or otherwisely impaired.
Ethics of the policy
According to consequentialist ethical theories, the moral value of actions is solely predicated on the good that results from them, compared to the resultant evil or disutility. Emphasis is laid on the outcomes as against the means of achieving those results. One such theory, the utilitarian theory, is founded on the greatest happiness principle, by which actions that optimize the net expectable utility/good/happiness for all or the majority of parties affected by an action or decision are considered ethical, while those that create more pain than happiness are immoral. Even most importantly, since assessments of utility differ according differ according to personal preferences, values, and culture, etc., morality is not only relative, but is dependent on the decision-makers’ appraisals of value and the unique circumstances facing them. Actions are moral by the extent that they encourage the greatest good for the majority of parties. The stakeholders in this case include cabin crews, the management, shareholders and their partners/children, customers, regulators, the public, and others. Cutting maternity and parenthood leave costs, including the necessity to hire replacements for crews on leave, maximizes the shareholder value. This translates into higher profitability, which maximizes the utility of managers, shareholders, customers, but hurts the crew. The utility of the majority is, therefore, optimized the policy is ethical.
On the other hand, Lawrence Kohlberg’s moral developmental theory holds that moral thinking develops in multiple stages. At the earliest stage (pre-conventional stage), children obey socially acceptable norms as told by authority figures often with actual or threatened punishment. The second phase of this stage is characterized by instrumentalism, individualism, and exchange, where the right actions are those that further one’s interests (EEOC v. Abercrombie & Fitch Stores, 2015). The second level of moral reasoning children begins with the good boy/girl through to seeking approval and then ends responding to obligations with duty. The third stage begins with the understanding of social mutuality (social contract) and genuine interest in other people’s welfare. This is substituted for by universal principles and individual conscience. The social contract between employees and the airlines and the higher societal values (equality, humanity, nondiscrimination, personhood, well-being, and freedom) demand that the crews be accorded reasonably humane treatment. It would, therefore, be immoral to impose the said policy.
Airlines’ Right to Prevent Pregnancy
I believe that employers owe it to their employees to make reasonable accomodations for the employees’ economic, social and other needs except when such accomodations impose undue hardships on the businesses. Since pregnant women cannnot work on airlines due to health concerns and regulatory prohibitions (and married couples are less receptive to constant travel), all efforts must be made to accommodate them in the company. It is clear that marriage and pregnancy may disrupt normal operations of airlines and it would be difficult for the airlines if for instance, employees got pregnant three months after they are hired and had to take a year-long leave (with or without pay). I think setting a reasonable length of service fter which such a leave would be feasible is reasonable, but five years is too long.
Legitimacy of ITF Campaign
Society must always aspire to higher values and principles. Since, not all adults reach the post-conventional moral thought level (social contract and principled conscience), the ITF and other such bodies have a moral duty to ensure society is alive to greater values. Decisions about pregnancy, marriage, childbirth and other related issues are deeply personal and private that people reserve a right to make without undue interference. It is ethically questionable for employers to make these decisions, or other decisions that have the same effect. While consequential ethical beliefs would find any detriment to a small constituency of flight crews to be justified, the ITF make the point that the members of the crew are a part of who we are as a society, and thus they are a much bigger constituency than all other stakeholders. By consequentialist theories, therefore, it would still be unethical for companies to prevent marriage and pregnancy.
Best Solution
The best alternative lies between the two extremes. There is a solid business case for the cabin crew to be medically fit for their job and be without social impairments that would make the performance of their duties difficult. Further, employees sign voluntary contracts to the conditions set by the employer. On the other hand, employers must make reasonable accommodations for their employees except where such measures impose undue hardships. Employees that become medically/socially impaired soon after they are higher impose unreasonable burdens on the airlines (including high recruitment/training costs, salaries/benefits, and absence). It is therefore, reasonable that some years of service are required before airlines can be required to make accommodations, but five years is unjustifiably too long. The mandatory years of service must be reduce to two, and affected employees must have the option of rejoining the company after their leave and/or be compensated by the companies.
References
Boatright, J. (2009). Ethics and the conduct of business. Trenton, New Jersey: Pearson Education International.
Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, 14–86 (Supreme Court of the United States June 1, 2015).
Gulf airlines defend female cabin crew policies. (2014, Mar 8). Retrieved Feb 9, 2016, from http://in.reuters.com/article/womensday-qatarairways-idINL6N0M34H620140308
Hartman, L., & Desjardin, J. (2008). Business Ethics: Decision-Making for Personal Integrity and Social Responsibility. New York: McGraw Hill. .
Shaw, W. H., & Barry, V. (2015). Moral Issues in Business. London: Cengage Learning.
