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Forbidden Grounds The Case Against Employment Discrimination Laws

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ISBN-10: 0674308093

ISBN-13: 9780674308091

Edition: 1992

Authors: Richard A. Epstein

List price: $49.00
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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.
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Book details

List price: $49.00
Copyright year: 1992
Publisher: Harvard University Press
Publication date: 3/19/1995
Binding: Paperback
Pages: 552
Size: 0.65" wide x 0.93" long x 0.12" tall
Weight: 1.584
Language: English

Born in 1943, Richard A. Epstein graduated from Columbia in 1964 with a degree in philosophy. He continued his education at Oxford, earning a B.A. in law in 1966, and from there attended Yale, where he received an LL.B. in 1968. Following graduation Epstein joined the faculty at the University of Southern California, teaching there until 1972. He became a regular member of the faculty at the University of Chicago in 1973, where he was named James Parker Hall Professor in 1982 and Distinguished Service Professor in 1988. Richard Epstein writes extensively concerning the law. His works include Simple Rules for a Complex World (1995), Bargaining with the State (1993) and Forbidden Grounds: The…    

Introduction : Consensus and Its Perils
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
Race and the Police Power: 1890 to 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
Sexual Harassment
Empirical Evidence of Disparate Impact
Affirmative Action
Protected Groups Under Title VII
First Principles
Newer Forbidden Grounds
Age Discrimination
Disability Discrimination
Conclusion: Symbols and Substance
Appendix of Statutory Excerpts
Table of Cases
Author Index
General Index