Forbidden Grounds: The Case Against Employment Discrimination Laws

摘要: This controversial book presents a powerful argument for the repeal of anti-discrimination laws within workplace. These laws--frequently justified as means to protect individuals from race, sex, age, and disability discrimination--have been widely accepted by liberals conservatives alike since passing 1964 Civil Rights Act are today deeply ingrained in our legal culture. Richard Epstein demonstrates that these set one group against another, impose limits on freedom choice, undermine standards merit achievement, unleash bureaucratic excesses, mandate inefficient employment practices, cause far more invidious discrimination than they prevent. urges return common law principles individual autonomy permit all persons improve their position through trade, contract, bargain, free government constraint. He advances both theoretical empirical arguments show competitive markets outperform current system centralized control over labor markets. Forbidden Grounds has broad philosophical, economic, historical sweep. offers novel explanations rational use discrimination, he tests his theory backdrop runs early Supreme Court decisions, such Plessy v. Ferguson which legitimated Jim Crow, controversies race-norming 1991 Act. His discussion sex contains detailed examination occupational qualifications, pensions, pregnancy, sexual harassment. also explains how case affirmative action is strengthened laws.He concludes looking at recent regarding age discrimination. will capture attention lawyers, social scientists, policymakers, employers, well interested administration this major