Don't Be a Feminist: Essays on Genuine Justice by Bryan Caplan

Author:Bryan Caplan [Caplan, Bryan]
Language: eng
Format: epub
Publisher: Bet On It Books, Fairfax, Virginia
Published: 2022-09-03T21:00:00+00:00

You could admittedly argue that #2 isn’t a big deal. When agents have long-term contractual relations, distributional effects depend on supply and demand elasticities, not the letter of the law.

But #1 is a very big deal indeed. If employers are really the ultimate victims, and government can protect them at low cost, employers won’t want to opt out. However, virtually everyone, regardless of ideology, realizes that opting out would be widespread.

Why? Because the whole point of sexual harassment law is to make employers punish behavior they’d prefer to simply tolerate. In the absence of sexual harassment law, employers would ask themselves questions like:

1. Which employee would I rather lose – the harasser or the harassee?

2. Who’s willing to pay more to get their way – the harassers to harass, or the harassees to not be harassed? Before you answer, remember that one person’s “harassment” is another’s “free speech.”

3. Many workplace romances are mutually desired. A sexual harassment policy makes it harder to start and continue such relationships. How much value do workers attach to the relationships that sexual harassment policies would eliminate?

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