Forbidden Grounds: The Case Against Employment Discrimination Laws
This controversial book presents a powerful argument for the repeal of anti-discrimination laws within the workplace. These laws--frequently justified as a means to protect individuals from race, sex, age, and disability discrimination--have been widely accepted by liberals and conservatives alike since the passing of the 1964 Civil Rights Act and are today deeply ingrained in our legal culture. Richard Epstein demonstrates that these laws set one group against another, impose limits on freedom of choice, undermine standards of merit and achievement, unleash bureaucratic excesses, mandate inefficient employment practices, and cause far more invidious discrimination than they prevent. Epstein urges a return to the common law principles of individual autonomy that permit all persons to improve their position through trade, contract, and bargain, free of government constraint. He advances both theoretical and empirical arguments to show that competitive markets outperform the current system of centralized control over labor markets. Forbidden Grounds has a broad philosophical, economic, and historical sweep. Epstein offers novel explanations for the rational use of discrimination, and he tests his theory against a historical backdrop that runs from the early Supreme Court decisions, such as Plessy v. Ferguson which legitimated Jim Crow, through the current controversies over race-norming and the 1991 Civil Rights Act. His discussion of sex discrimination contains a detailed examination of the laws on occupational qualifications, pensions, pregnancy, and sexual harassment. He also explains how the case for affirmative action is strengthened by the repeal of employment discrimination laws.He concludes the book by looking at the recent controversies regarding age and disability discrimination. Forbidden Grounds will capture the attention of lawyers, social scientists, policymakers, and employers, as well as all persons interested in the administration of this major system of governmental regulation.
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Consensus and Its Perils
Human Nature Social Theory and the Common Law
Force Discrimination and Free Entry
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ADEA affirmative action allowed analysis antidiscrimination laws antidiscrimination norm applicant argument basic benefits BFOQ black workers business necessity Chapter Civil Rights Act common law Congress context costs decision defendant differences differential disability discrimination laws disparate impact disparate treatment economic EEOC effect employer employment discrimination employment practice enforcement equal evidence federal female firm force freedom of contract Griggs Heckman hiring Hispanic impose individual issue Jim Crow Johnson Controls large number legislative liability limited litigation male mandatory retirement ment national origin pension percent persons plaintiff police power political pool position preferences pregnancy price discrimination problem protection question race racial reason regulation relevant risk rules segregation separate but equal sex discrimination sexual harassment social standard statute statutory Supreme Court theory tion Title VII tort vicarious liability voluntary wage women