The Code Section To Be Interpreted:
Code 4.4 – Decisions which require discrimination shall be but are not limited to those in which a smaller subset of people must be selected from a larger set of people to be allocated to some task that the larger subset of people will not do.
The section is included to insure that the most important situations are regulated under code part 4 such as selecting people to hire, choosing people for advancement, and choosing people for special tasks. However, this section does not limit the use of these regulations to those situations only. That being said, there is a difference between discrimination and identification. An act of discrimination involves making a quality judgement between two or more people. In other words, a decision which requires discrimination asks: Who is better? Or literally from the word discrimination: Who is less criminal?” Whereas identification is the process of assigning concepts to people such as “employee,” “engineer,” “joanna,” or “christian.” Most forms of identification do not involve discrimination because they rely upon a judgement of facts instead of quality between two or more people and are not regulated under this code section. For instance, if two employees are named Pablo and Joanna, then those two employees can each be singled out and called by their own names. However, if Joanna does something and is named a “hero” by her peers and Pablo does the exact same thing at the same time somewhere else, demonstrating the exact same qualities and is called “opinioniated” by the same people that called Joanna a “hero.” Then there is reason to suspect that there was some form of discrimination involved in that identification process.
