Forbidden grounds: the case against employment discrimination laws

Abstract

The prolific University of Chicago professor of law 2 brings his powerful law and economics libertarian critical perspective to bear on the contemporary legal structure that presumes to prohibit discrimination in employment on the basis of race, sex, age, and disability.That the legal regime, of which Plessy v. Ferguson 3 is the pernicious paradigm, generally supported and reinforced the deeply racist apartheid sociology of the Jim Crow era, is correct.The balance of his theory, that contemporary legal prohibitions of employment discrimination are flawed, is itself deeply flawed.