By David Bernstein
In a inaccurate try and get rid of each vestige of discrimination in our society, activists and courts are utilizing antidiscrimination legislation to erode civil liberties comparable to unfastened speech, the unfastened workout of faith, and freedom of organization.
Read Online or Download You Can't Say That!: The Growing Threat to Civil Liberties from Antidiscrimination Laws PDF
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Additional resources for You Can't Say That!: The Growing Threat to Civil Liberties from Antidiscrimination Laws
Sample text
The Democrats [sic—it was a mostly Republican EEOC and Supreme Court] created sexual harassment law, which tells us what we can and cannot say in the workplace, and what we can and cannot do in the workplace. Kyle: But isn’t that fascism? Father: No, because we don’t call it fascism. 34 76173$$CH2 07-01-03 15:43:40 CATO 3. ’’ The gym took the billboard down, but the activists used momentum from the protests to successfully lobby for a city ordinance banning discrimination based on height and weight.
In particular, economists tend to treat individuals as rational utility-maximizers, while ignoring the powerful roles played by psychology and social norms in shaping behavior. Fish likewise ignores the role played by psychology and social norms in shaping judicial behavior. Judges who are trained from their law school days that the role of the judiciary is to fairly enforce constitutional rights will find their self-image bound up in their ability to eschew personal prejudices and act fairly. This has practical consequences.
An opportunity for courts to decide whether a restaurant has the right to create a sexy ambience appealing to men was lost when the Hooters restaurant chain settled a sex discrimination complaint filed by the EEOC. The EEOC had sued Hooters, which relies on an image provided by voluptuous and tightly clothed waitresses, for refusing to hire male servers and for having a double-entendre name that suggested that only women could work there. 22 In separate litigation, two women who worked at a New Orleans Hooters franchise won verdicts of $20,000 each after having their hours cut when they became pregnant.