Wednesday, July 15, 2020
Podcast Episode 41: Freedom of Association vs Anti-Discrimination Laws
Freedom to refuse service
Freedom of association
Lawsuits against wedding cake businesses who refuse to make a cake for gay weddings
Anti-discrimination laws for employers
This idea sounds good in theory but has unintended consequences
Whenever we try to legislate morality it becomes difficult to enforce and usually starts creating inequalities with how people are treated under law
If I have a company I have the right to refuse service to anyone no matter what because it’s my company. If I want to be a racist that is my right. I will probably go out of business but I have the right to make that choice.
If I want to fire someone I should be able to do that for any reason whatsoever. For the same reasoning. If I fire people because I’m racist then I will miss out on good employees from other races and will be less competitive. Plus as news of my stance spreads, there will be many people that will boycott my business because of that.
The market will correct itself if people truly believe in a cause.
If the government gets involved it can create many unintended consequences. If I fire someone because they are a bad employee. They might try to sue me for discrimination. Well I was discriminating... against bad employees. The creates an enforcement issue that favors bad employees because they have less to lose from the situation.
What if I have a haircutting place for people with african style hair. Someone that doesn’t have that type of hair would be discriminated against because they can’t be served.
What about a mens haircut place? Is that discriminating against women?
If I have a sales job then I might want someone who can speak fluent english. Is that discrimination?
What about movie studios, when they need someone to fill a black role is that being racist that they aren’t hiring white people?