Forbidden Grounds: The Case Against Employment Discrimination Laws
Author: Richard Allen Epstein
This timely and controversial book presents powerful theoretical and empirical arguments for the repeal of the anti-discrimination laws within the workplace. Richard Epstein demonstrates that these laws set one group against another, impose limits on freedom of choice, unleash bureaucratic excesses, mandate inefficient employment practices, and cause far more invidious discrimination than they prevent. Epstein urges a return to the now-rejected common law principles of individual autonomy that permit all persons to improve their position through trade, contract, and bargain, free of government constraint.
Table of Contents:
Preface | ||
Introduction : Consensus and Its Perils | 1 | |
I | Analytical Foundations | 13 |
1 | Human Nature, Social Theory, and the Common Law | 15 |
2 | Force, Discrimination, and Free Entry | 28 |
3 | Rational Discrimination in Competitive Markets | 59 |
4 | When Entry Is Restricted: The Case of Monopoly | 79 |
II | History | 89 |
5 | Race and the Police Power: 1890 to 1937 | 91 |
6 | From the 1937 Revolution to the 1964 Civil Rights Act | 116 |
7 | Constitutional Challenges to the 1964 Civil Rights Act | 130 |
III | Race Discrimination | 145 |
8 | The Contract at Will | 147 |
9 | Disparate Treatment | 159 |
10 | From Disparate Treatment to Disparate Impact | 182 |
11 | Disparate Impact | 205 |
12 | The Effects of Title VII | 242 |
IV | Sex Discrimination | 267 |
13 | Separate but Equal | 269 |
14 | Bona Fide Occupational Qualifications | 283 |
15 | Pensions | 313 |
16 | Pregnancy | 329 |
17 | Sexual Harassment | 350 |
18 | Empirical Evidence of Disparate Impact | 367 |
V | Affirmative Action | 393 |
19 | Protected Groups Under Title VII | 395 |
20 | First Principles | 412 |
VI | Newer Forbidden Grounds | 439 |
21 | Age Discrimination | 441 |
22 | Disability Discrimination | 480 |
Conclusion: Symbols and Substance | 495 | |
Appendix of Statutory Excerpts | 507 | |
Table of Cases | 519 | |
Author Index | 524 | |
General Index | 527 |
New interesting textbook: Desperation Entertaining or Pig Perfect
Management: Exercises in Management
Author: Ricky W Griffin
This student manual provides experiential exercises for every chapter in the textbook. With each exercises, students are provided with an explanation of its overall purpose, the time required for each step, the materials needed to complete the task, the procedure to be followed, and questions for further discussion.
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