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Richard Epstein on discrimination and employee benefits

Epstein responds to an article by Jonah Gelbach, Jonathan Klick, and Lesley Wexler which, he says, proposes

another way to pile additional liabilities on hapless employers for race or sex discrimination under Title VII of the Civil Rights Act of 1964. Their article is ingenious because it identifies a mechanism - previously discussed in connection with residential sales by Lior Strahilevitz - whereby employers might seize upon the differential preferences of individuals by sex or by race to offer bundled packages of goods that would make a facially neutral offer more attractive to members of one class than to the members of some other group. The greater rate of acceptance of the offers by members of the first group thus allows the employer to alter the mix of employees by race or sex.

GK&W respond here.

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Rafael Mangual
Project Manager,
Legal Policy

Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.