Forbidden Grounds: The Case Against Employment Discrimination LawsThis 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. |
Contents
Consensus and Its Perils | 1 |
Human Nature Social Theory and the Common | 15 |
Force Discrimination and Free Entry | 28 |
Copyright | |
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Forbidden Grounds: The Case Against Employment Discrimination Laws Richard A. Epstein Limited preview - 1992 |
Common terms and phrases
affirmative action allowed analysis antidiscrimination applicant argument basic becomes benefits better Chapter Civil Rights Act common constitutional contract costs Court critical decision defendant differences disability discrimination disparate impact economic EEOC effect employer employment enforcement equal evidence example firm force gains given grounds harassment hiring impose increase individual institutions issue labor legislative less limited matter ment necessary norm noted offer operation origin parties passed percent persons political position possible practice preferences principle problem protection question race racial reason received regarded regulation relations relative result retirement risk rules separate side social standard statute theory tion Title VII tort treatment universities wage women workers