Forbidden Grounds: The Case Against Employment Discrimination Laws (Paperback)

~ Richard Epstein (Author)
Key Phrases: basic antidiscrimination norm, voluntary sorting, disparate impact test, Supreme Court, Civil Rights Act, Jim Crow (more...)

Editorial Reviews

Review

Epstein has convinced me...that the abuses of the anti-discrimination laws are so intimately connected with misconceptions in the laws themselves that any benefits from them will always be far outweighed by the harm they do.
--Harry V. Jaffa (Wall Street Journal )

Forbidden Grounds covers not only laws on racial discrimination but also sex discrimination, age discrimination and disability discrimination. Never has the whole range of anti-discrimination laws been subjected to such a thorough and penetrating critique. No one who writes on this subject again can be taken seriously if he [or she] does not confront the analysis presented here by Epstein.
--Thomas Sowell (Forbes )

Product Description

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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Product Details

• Paperback: 552 pages
• Publisher: Harvard University Press (January 1, 1992)
• Language: English
• ISBN-10: 0674308093
• ISBN-13: 978-0674308091
• Product Dimensions: 9.2 x 6.3 x 1.1 inches
• Shipping Weight: 1.5 pounds (View shipping rates and policies)
• Average Customer Review: 3.4 out of 5 stars  See all reviews (5 customer reviews)
• Amazon.com Sales Rank: #1,025,067 in Books (See Bestsellers in Books)

Customer Reviews

Most Helpful Customer Reviews

4 of 4 people found the following review helpful:

4.0 out of 5 stars Interested but unpersuaded., March 8, 2001

By	Erik Johnson (Chicago!) - See all my reviews

This review is from: Forbidden Grounds: The Case Against Employment Discrimination Laws (Hardcover)

Mr. Epstein makes several fantastic points in this analysis of the efficiency and usefulness of civil rights laws. Specifically, his historical account of the misinterpretation of Title VII and his differentiation between racist hiring practices versus mandatory quota systems were solid points. However, I disagreed with him due to his relative indifference to the poor income distribution which could be caused by overt, legal discrimination. The "contract at will" approach that he espouses does not adequately address these issues, and I think historically we have seen that in situations where one race, sex etc is blatantly discriminated against, they do not fare quite as equally as Epstein predicts.

While I disagree with the final premise, I am not saying that this is not an important book to read. Epstein is, as always, a fantastic writer and strong persuader. Worst comes to worst you will have a great time arguing with the pages.

4 of 4 people found the following review helpful:

4.0 out of 5 stars Vintage Epstein, December 5, 1999

By	"kaimipono" (New York City) - See all my reviews

Epstein, as usual, offers a cogent and persuasive argument for libertarian principles. His theory of "rational discrimination," lucidly explained in this book, has provoked responses--and at least some changes--in the writings of more mainstream commentators on the subject such as Posner and Donohue. Like many scholars, Epstein is just a bit too sold on his own philosophy; at times he seems genuinely unable to believe anyone would disagree with him. Despite this minor flaw, the book is great, it offers a well-written presentation of an unorthodox, yet rather convincing philosophy.

2 of 7 people found the following review helpful:

5.0 out of 5 stars A Great Book, May 5, 1999

By A Customer

Epstein offers a rigorous and persuasive case. Prepare to have your closed mind pried open.