A Theory of Fair Employment Laws

Abstract

Laws prohibiting racial discrimination in employment are now a familiar component of our legal system. There is, however, a growing uncertainty as to the limits of the obligation imposed by these laws, and this uncertainty often creates a dilemma for employers and enforcement agencies. Increased efforts to enforce or to comply are met with the claim that preferential treatment is being given to blacks and that such preferential treatment violates the law. On the other hand, decreased efforts are met with equally forceful protests that whites are receiving preferential treatment and that, too, violates the law.