In practice, complying with laws has costs, some of which fall on innocent and semi-innocent third parties. As a lawyer, this is not news to me. The question is whether the benefits of implementing those social policies outweighs the costs. Clarence Thomas, a black Justice of the Supreme Court of the United States thinks the answer is no.
But that is a very different question from asking, as a matter of first principles, whether certain kinds of discrimination are allowed even if the facts don’t support the discrimination. In the United States, most discrimination of this kind is allowed, and restrictions on the factors employers and others may consider are fairly narrow (race, gender, religion, national origin—not ok. youth, poverty, moral character, basically anything else—ok).
In practice, complying with laws has costs, some of which fall on innocent and semi-innocent third parties. As a lawyer, this is not news to me. The question is whether the benefits of implementing those social policies outweighs the costs. Clarence Thomas, a black Justice of the Supreme Court of the United States thinks the answer is no.
But that is a very different question from asking, as a matter of first principles, whether certain kinds of discrimination are allowed even if the facts don’t support the discrimination. In the United States, most discrimination of this kind is allowed, and restrictions on the factors employers and others may consider are fairly narrow (race, gender, religion, national origin—not ok. youth, poverty, moral character, basically anything else—ok).