Forbidden Grounds

This 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 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. He advances both theoretical and empirical arguments to show that competitive markets outperform the current system of centralized control over labour markets. "Forbidden Grounds" has a broad philosophical, economic, and historical sweep.
Epstein offers novel explanations for the rational use of discrimination and 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 President Bush's veto of the 1991 Civil Rights Act. His discussion of sex discrimination contains a detailed examination of the laws on occupational qualifications, pensions, pregnancy, and sexual harrassment. 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.