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Forbidden grounds : the case against employment discrimination laws

Author: Richard Allen Epstein
Publisher: Cambridge, Mass. : Harvard University Press, 1992.
Edition/Format:   Book : EnglishView all editions and formats
Database:WorldCat
Summary:
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  Read more...
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Additional Physical Format: Online version:
Epstein, Richard Allen, 1943-
Forbidden grounds.
Cambridge, Mass. : Harvard University Press, 1992
(OCoLC)555448725
Online version:
Epstein, Richard Allen, 1943-
Forbidden grounds.
Cambridge, Mass. : Harvard University Press, 1992
(OCoLC)608129914
Document Type: Book
All Authors / Contributors: Richard Allen Epstein
ISBN: 0674308085 9780674308084
OCLC Number: 24010387
Description: xvi, 530 p. ; 25 cm.
Contents: Analytical foundations --
Human nature, social theory, and the common law --
Force, discrimination, and free entry --
Rational discrimination in competitive markets --
When entry is restricted : the case of monopoly --
History --
Race and the police power : 1890-1937 --
From the 1937 revolution to the 1964 Civil Rights Act --
Constitutional challenges to the 1964 Civil Rights Act --
Race discrimination --
The contract at will --
Disparate treatment --
From disparate treatment to disparate impact --
Disparate impact --
The effects of Title VII --
Sex discrimination --
Separate but equal --
Bona fide occupational qualifications --
Pensions --
Pregnancy --
Sexual harassment --
Empirical evidence of disparate impact --
Affirmative action --
Protected groups under Title VII --
First principles --
Newer forbidden grounds --
Age discrimination --
Disability discrimination.
Responsibility: Richard A. Epstein.

Abstract:

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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Linked Data


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