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Labor Rights

The argument has been made that competitive labor markets will eliminate irrelevant and invidious discrimination because it forces employers to select and retain employees based strictly on their productivity.
Assuming that this theory is held to be true, will civil rights law eventually become irrelevant?
What are the major strengths or weaknesses in that argument?

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The strengths of this argument is that if we're looking strictly at productivity, employers couldn't deny someone who may otherwise be discriminated upon employment because in this type ...

Solution Summary

The strengths of this argument is that if we're looking strictly at productivity, employers couldn't deny someone who may otherwise be discriminated upon employment because in this type of market, this employee will make the employer the most amount of profit for the least amount of expense.

However, the weakness of this argument applies to those employees who have very similar productivity results. Thus, at that point, if we have two employees who are just as productive as the other, we can still have discrimination by retaining one over the other not based on productivity but based sex, race, etc. Thus, we still have to have civil rights laws or it will put the minority as a second class employee when productivity levels are similar.

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