Libertarian law professor Richard Epstein's column this week is about "enforcement guidance" from the Equal Opportunity Employment Commission. Under the guidance, Professor Epstein writes, "all private employers and all state employers must use detailed and particularized inquiries before turning down a minority applicant who has a criminal arrest or conviction on his record, even though employers can turn down a white applicant with the same past record without going through such hoops."
He goes on, "by raising transaction costs, the EEOC will continue on its mindless job-killing path. Once again, the EEOC seems utterly oblivious to the harm that it causes to the groups that it most wants to help—and indeed to everyone else."