Drain the Racket

When Title VII of the Civil Rights Act of 1964 was first passed, “help wanted: men” and “help wanted: women” ads were common in newspapers.  Private employers could hire and fire for discriminatory reasons.  Title VII made discriminatory ads and the hiring practices they represent illegal.  In their new book, Unequal, two law professors, Sandra F. Sperino of the University of Cincinnati, and Suja A. Thomas of the University of Illinois, are dismayed to learn how little has changed.  The country has failed women, who earn 82 percent of what men earn, as well as blacks and Hispanics.  Hispanic women earn 61 percent of what white men earn.  Black unemployment is double the white rate.  Women, blacks, and Hispanics are underrepresented in high-earning occupations.  What went wrong?  Even worse, why is it that employment-discrimination plaintiffs nationwide are losing almost all their cases?

The authors don’t even mention human biodiversity or sexual dimorphism.  (They do allude to “hours worked and career choice” as possible contributors to these statistics, but add that they do not explain the wage gap.)  Why, for example, don’t women command million-dollar contracts in the NFL?  No one is curious.

The authors blame federal judges for undermining the law.  After all,...

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