Forbidden grounds : the case against employment discrimination laws

목차 (Table of Contents)

• CONTENTS
• Preface = xi
• Introduction : Consensus and Its Perils = 1
• Ⅰ. Analytical Foundations = 13
• 1 Human Nature, Social Theory, and the Common Law = 15
• Controlling Coercion = 15
• The Determination of Ownership = 20
• Freedom of Contract and the Anti-discrimination Laws = 24
• 2 Force, Discrimination, and Free Entry = 28
• Victims of Force and Victims of Discrimination = 29
• To the Urn = 31
• Natural Limits on Discrimination = 41
• Some Empirical Evidence = 47
• 3 Rational Discrimination in Competitive Markets = 59
• Relational Contracts and Governance Costs = 60
• Expanding Employment Opportunities = 72
• Is Title Ⅶ Efficient? = 76
• 4 When Entry Is Restricted : The Case of Monopoly = 79
• From Many to One = 79
• Monopoly and Price Discrimination = 80
• Employment Situations = 86
• Ⅱ. History = 89
• 5 Race and the Police Power : 1890 to 1937 = 91
• A Morality Play = 91
• Who Governs? = 94
• The Police Power = 98
• Unconstitutional Conditions = 108
• Constitutional Counterattack and Retreat = 112
• 6 From the 1937 Revolution to the 1964 Civil Rights Act = 116
• The Changing Regulatory Environment from Caroline Products to Brown = 116
• Post-New Deal Protection of Employment Discrimination = 118
• Public Accommodation and the Barriers to Entry = 126
• 7 Constitutional Challenges to the 1964 Civil Rights Act = 130
• The Civil War Amendments = 130
• The Commerce Power = 135
• Unconstitutional Interference = 141
• Ⅲ. Race Discrimination = 145
• 8 The Contract at Will = 147
• Revealed Preferences in the Marketplace = 147
• Functional Advantages of the Contract at Will = 152
• Arguments against the Contract at Will = 156
• 9 Disparate Treatment = 159
• Title Ⅶ : A "Moderate" Interference with the Market = 159
• Two Conceptions of Merit = 163
• The Problems of Disparate Treatment = 167
• Disparate Treatment as a Practical Compromise = 181
• 10 From Disparate Treatment to Disparate Impact = 182
• A Critical Transition = 182
• Statutory Construction of the 1964 Statute = 184
• Legislative History = 186
• Griggs v. Duke Power = 192
• The Equal Opportunity Employment Act of 1972 = 201
• 11 Disparate Impact = 205
• Dismantling the House of Cards = 206
• The Business Necessity Defense = 212
• Type Ⅰ and Type Ⅱ Errors = 222
• Beyond Griggs = 225
• Testing after Griggs = 236
• 12 The Effects of Title Ⅶ = 242
• Title Ⅶ as Deregulation = 244
• Relative Wage Levels = 254
• Redistributive Effects of the Anti-discrimination Laws = 259
• Ⅳ. Sex Discrimination = 267
• 13 Separate but Equal = 269
• Race and Sex Discrimination : A Misleading Parallel = 269
• Responding to Sex Differences in Practice = 274
• Sex Differences and Title Ⅶ = 278
• 14 Bona Fide Occupational Qualifications = 283
• Statutory Framework = 283
• Legitimate Cost Differentials = 290
• Customer Preferences and Forgone Benefits = 299
• Safety Concerns as a Justification for Disparate Treatment = 309
• 15 Pensions = 313
• What Counts as Discrimination? = 313
• The Basic Economics of Sex-Linked Annuities = 318
• 16 Pregnancy = 329
• Constitutional and Historical Preliminaries = 330
• Title Ⅶ Analysis = 340
• 17 Sexual Harassment = 350
• A Tort in Disguise? = 350
• Common Law Action for Sexual Harassment = 352
• The Title Ⅶ Alternative = 357
• Common Law and Title Ⅶ : Does Detail Matter? = 365
• 18 Empirical Evidence of Disparate Impact = 367
• Finding Disparate Impact = 368
• Disparate Impact in Action : Sears = 385
• Ⅴ. Affirmative Action = 393
• 19 Protected Groups Under Title Ⅶ = 395
• The Two-Pronged Attack = 395
• Does Title Ⅶ Allow Affirmative Action? = 396
• Affirmative Remedial Action = 405
• 20 First Principles = 412
• A Fresh Start = 412
• The Private Sphere : Affirmative Action for All = 413
• Discrimination in the Public Sphere = 421
• The Upshot = 429
• Ⅵ. Newer Forbidden Grounds = 439
• 21 Age Discrimination = 441
• A Statutory Reprise = 441
• Why? = 443
• Relational Labor Contracts and the ADEA = 448
• Buy-outs = 473
• 22 Disability Discrimination = 480
• A Problem for People of Two Minds = 481
• The Statutory Scheme of Reasonable Accommodation = 488
• The Grant Alternative = 493
• Conclusion : Symbols and Substance = 495
• Appendix of Statutory Excerpts = 507
• Table of Cases = 519
• Author Index = 524
• General Index = 527