The Blog of Record

Reverse race descrimination is not the only kind of government-promoted discrimination. From the book Fair Play by Steven E. Landsburg, via Dr. Mark J. Perry:

Let me illustrate with a stylized example economists love so much. Mary owns a vacant apartment; Joe is looking for a place to live. If Joe disapproves of Mary’s race or religion or lifestyle, he is free to shop elsewhere. But if Mary disapproves of Joe’s race or religion or certain aspects of his lifestyle, the law requires her to swallow her misgivings and rent the apartment to Joe.

Or: Bert wants to hire an office manager and Ernie wants to manage an office. The law allows Ernie to refuse any job for any reason. If he doesn’t like Albanians, he doesn’t have to work for one. Bert is held to a higher standard: If he lets it be known that no Albanians need apply, he’d better have a damned good lawyer.

These asymmetries grate against the most fundamental requirement of fairness–that people should be treated equally, in the sense that their rights and responsibilities should not change because of irrelevant external circumstances. Mary and Joe–or Bert and Ernie–are looking to enter two sides of one business relationship. Why should they have asymmetric duties under the antidiscrimination laws?

When the law is so glaringly asymmetric, one has to suspect that the legislature’s true agenda is not to combat discrimination on the basis of race, but to foster discrimination on the basis of social status. By holding employers and landlords to a higher standard than employees and tenants, the lawmakers reveal their underlying animus toward employers and landlords.

Whatever it takes to keep the class war going.

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