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Archive for the ‘Discrimination’ Category

Regulatory policy has been one of the bright spots of the Trump Administration (along with tax policy).

But it’s not a perfect record.

In a column for Townhall, Steve Sherman describes how the Labor Department launched a regulatory attack against Oracle in the final days of the Obama Administration.

President Obama was not a good president, but he was really good at issuing midnight regulations… Obama’s army of left-wing lawyers were also busy writing up last minute lawsuits… President Obama’s administration went after the tech companies Palantir, Google, then Oracle by alleging discrimination using statistics gathered as part of routine audits of these government contractors. In all of these suits, no actual evidence of discrimination was presented, merely statistics gathered that claimed to prove discrimination. This type of evidence would be tossed out in a real court, but with these suits, they were handled administratively and internally at the Department of Labor. …Oracle was so outraged by continued harassment that they fought back and sued the federal government for violating the Constitution’s separation of powers arguing that the lawsuits statutory authority.

So why am I criticizing the Trump Administration for regulatory harassment that was launched under Obama?

For the simple reason that some of Trump’s appointees have allowed the assault to continue, as former Congressman Bob Barr explained for the Daily Caller.

The Trump administration has performed admirably in reducing the regulatory red tape that has strangled American businesses… But for reasons not entirely clear, the Department of Labor has lagged behind other agencies in this regard. One clear example is the way the department’s Office of Federal Contract Compliance Programs (OFCCP) has continued unnecessary and counterproductive Obama-era litigation against tech companies… In a 2017 study, the U.S. Chamber of Commerce…set forth in extensive detail that the OFCCP in recent years had become enamored of faulty, statistics-based challenges to companies engaged in federal contracts… A number of lawsuits reflecting this abusive approach to regulatory enforcement were filed against large tech companies in the waning months of the Obama administration. …the Department of Labor sued…, just two days before President Trump was sworn in, Oracle. …the Labor Department instead has become…a regulatory bully searching for ways to punish companies. …Hopefully, …Donald Trump and Eugene Scalia…will step in and make sure that the small but powerful agency…gets on board the administration’s drive to actually reduce federal regulatory burdens

The Washington Post has some details on the dispute between Oracle and the federal government.

…the Labor Department…alleges Oracle, the database management company founded by billionaire Larry Ellison, paid some women as much as 20 percent less than their male peers, or $37,000, in 2016. The lawsuit was filed by the department’s Office of Federal Contract Compliance Programs, which audits companies with government contracts worth more than $100 million a year. …The hearing in San Francisco has broad significance for the tech industry because the allegations against Oracle are similar to the department’s claims that other tech giants, including Google and Palantir, exercised systemic bias against minority and female employees in hiring, pay or promotion. …Oracle’s lawyer argued that the Labor Department’s expert witness compared employees based on broad job titles and failed to take into account that a software developer who worked on Oracle’s product PeopleSoft is valued differently in the market than developers who work on the artificial intelligence of machine learning. …The department claims Oracle’s college recruiting program hired 500 graduates between 2013 and 2016 for product development roles at its Redwood Shores, Calif., headquarters, 90 percent of whom were Asian. During the same period, Oracle only hired six black people through the recruitment program. …The agency argues that pay disparities stem from Oracle’s practice of…relying on prior salaries to set their pay at Oracle.

The key thing to understand is that the federal government is unable to find any victims of actual discrimination.

As the Wall street Journal opines, bureaucrats are relying on statistical differences.

Protecting the constitutional separation of powers is back in political fashion as more businesses challenge abuses of administrative agencies. One case worth watching is Oracle’s lawsuit arguing that the Labor Department has usurped the federal judiciary and other executive agencies. Labor’s Office of Federal Contract Compliance Programs (OFCCP) filed a discrimination complaint against Oracle in the waning days of the Obama Administration. During a routine audit, the OFCCP in 2014 conducted a statistical analysis of Oracle’s workforce. And what do you know? The agency says it discovered disparities based on race and sex that it claimed were prima facie evidence of discrimination. …In sum, the agency said Oracle discriminated against every class of worker in one way or another. It demanded that Oracle lose current and forgo future federal contracts plus pay up to $400 million in restitution to its alleged victims. Yet its case all but collapsed at an administrative trial this month. The Labor office presented no evidence of intentional discrimination or even witnesses who claimed as much. …Oracle is suing the OFCCP for violating the Administrative Procedure Act and separation of powers. …the agency investigates, prosecutes, tries and punishes businesses even though it has no legislative authority to do so.

I’ll close by citing Thomas Sowell’s column for Jewish World Review on how “disparate impact” is basically a scam.

“Disparate impact” statistics have for decades been used, in many different contexts, to claim that discrimination was the reason why different groups are not equally represented as employees or in desirable positions… The implicit assumption is that such statistics about particular outcomes would normally reflect the percentage of people in the population. But, no matter how plausible this might seem on the surface, it is seldom found in real life… Blacks are far more statistically “over-represented” among basketball stars in the NBA… Hispanics are similarly far more “over-represented” among baseball stars than in the general population. Asian Americans are likewise far more “over-represented” among students at leading engineering schools like M.I.T. and Cal Tech than in the population as a whole. None of this is peculiar to the United States. You can find innumerable examples of such group disparities in countries around the world and throughout recorded history.

Sowell isn’t just theorizing.

He wrote a thoroughly researched book on exactly this issue.

The bottom line is that groups – on average – sometimes have different interests and aptitudes.

Walter Williams observed about ten years ago that, “Not every choice based on race represents racism and if you think so, you risk misidentifying and confusing human behavior.”

And there’s no evidence that Oracle even made decisions based on race to begin with.

So the bureaucrats at the Department of Labor are using bad methodology to harass and extort a company.

Left-leaning administrations have a track record of pushing bad policies on their way out of office, so I’m not surprised the Obama Administration launched the attack on Oracle. But I am surprised that the Trump Administration has allowed the legal assault against the company to continue.

P.S. While I normally don’t think the federal government should have any power to interfere with regards to market outcomes for hiring, pay, promotion, and association, it’s legitimate for Uncle Sam to put conditions on companies that bid on federal contracts. I just wish they would fight actual examples of bias, not mere statistical differences.

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I’ve previously argued that “freedom of association” is the best way of dealing with thorny social issues such as baking cakes for gay weddings and transgender bathroom usage.

Simply stated, people should have the freedom to do business with each other – or not do business with each other – based on their personal preferences.

I may disapprove of how various people exercise those preferences, but I wouldn’t ask a politician or bureaucrat to intervene.

Which brings us to today’s topic. Here are some excerpts from a New York Post story about a not-quite-women-only business.

The Wing was supposed to be the ultimate sanctuary for women: decidedly feminine in design, with walls and furniture in shades of millennial pink and a thermometer set at a women’s-clothing-friendly 72 degrees. …It offers perks that other co-working spaces can’t match — showers stocked with high-end beauty products…the company’s expansion and popularity has brought up a completely different issue…men wanting to come in and hang out. …it’s not against the rules for men to be at the lady lair, which costs anywhere from $185 to $250 a month in the US to join. But that’s only because legally the company can’t ban men. …The problem, multiple members have told The Post, is that the men physically take up too much space with their bigger bodies… While they aren’t using the members-only changing rooms and showers (yet), they are in the guest bathrooms. …The Wing…never had a membership policy, because, reps say, they didn’t think they’d need one. Instead, they simply billed themselves as a women’s co-working space and social club. …the New York City Commission on Human Rights…in 2018 opened an investigation into the company. The Wing’s large membership — more than 11,000 worldwide, according to reps — meant it couldn’t pass as a “social club,” and therefore can’t discriminate based on gender.

My reaction is that the New York City Commission on Human Rights should mind its own business.

If women want a female-only place to interact and do business, it’s not the job of government to interfere.

Yes, that means discrimination against men. Maybe that’s wrong, at least on some level, but not everything that’s wrong should be illegal.

Here’s another example, though the discrimination is based on politics rather than gender. As reported by the Hill, a California restaurant wants freedom not to associate with overt Trump supporters.

A restaurant owner and award-winning author in California tweeted that he will no longer serve customers who wear “Make America Great Again” hats at his eatery. “It hasn’t happened yet, but if you come to my restaurant wearing a MAGA cap, you aren’t getting served…”Some diners told The Associated Press on Thursday that they understand the restaurant owner’s position but added that they have mixed feelings about the ban. …“I see where he’s coming from, but I don’t think you should just keep people out because of a hat,” Jamie Hwang, a San Mateo resident, told the news agency. Another diner, Esther Shek, told the publication that she believes the hats have “come to represent racism, intolerance, exclusivity” but also added that López-Alt’s choice to refuse supporters of the president might spell trouble later.

In this case, I definitely think the restaurant owner is being petty. But I also recognize that it’s his restaurant. It’s his money and it’s his property.

By the way, it’s worth noting that freedom of association is a two-way street.

It means private businesses can refuse customers, but it also means customers can reject businesses.

A black couple in Georgia turned away a white repairman who showed up to their house while flying a large Confederate flag, leaving the couple in utter “disbelief” before saying he wasn’t welcome. …After a polite conversation with the contractor, Brown said, he was in “disbelief” that the man he hired from Facebook’s local marketplace would think the flag was acceptable to fly during house calls. Brown’s wife then came outside and bluntly turned the man away, video shows. …The repairman offered to remove the flag, but the damage was already done. He later reached out to the couple on Facebook to say he didn’t mean to offend them, Zeke Brown told ABC News. Brown replied to the contractor, explaining that the flag is “extremely offensive” to people of color while urging him to do some research.

Incidentally, I may be a bit of a Pollyanna on these issues, but I’m glad that the contractor reached out to the couple with an apology.

Having spent many years in Georgia and having interacted occasionally with people who displayed confederate flags, I concluded that very few of them were motivated by racial animus. It was more a form of social signalling about being rural, or being a hell raiser (a la Dukes of Hazard).

That being said, they obviously were not sensitive to the fact that blacks had a much more jaundiced view of what the flag represents.

Which is why I hope many of them eventually had the kind of epiphany that led a Texas man to get rid of his rebel flag tattoo. Simply stated, we should care about the feelings of others.

But I’m digressing.

Let’s conclude by addressing the negative aspect of freedom of association, which is that some bad people will discriminate for odious reasons.

The stereotypical example is a business in Alabama in 1958 that refused to serve black customers. This is partly inaccurate because much of the discrimination during that era was the result of government policies that mandated segregation (a.k.a., the Jim Crow laws).

But I’m sure there was also plenty of genuinely private discrimination.

That’s the bad news.

The good news is that such discrimination generally is punished by market forces.

And the best news is that our society is now increasingly vigilant against bias.

For instance, the Washington Post reported about a bakery that gained customers for being welcoming to everyone.

Nino Barbalace…opened a bakery and cafe in Dorchester, Mass. …He affixed a tiny pride flag to his restaurant’s window for the pride parade in June, and it has remained there since. Then came the Yelp review.“Well, that flag says all when you delve deeper and see the real customer base here, it’s clearly geared and catered ONLY to those who rally behind the rainbow flag.” That alarmed Barbalace, who posted an image of the one-star review on the restaurant’s Facebook page. “All are welcome at Zia Gianna, even this gentleman. We’d love to show him some kindness…” Barbalace wrote in his post on Aug. 13. …Customers rallied in response. Tiffany Andrade told Fox 25 that she dropped by the cafe on Friday to offer support. …“We love your place, and love your love for everyone no matter what,” one customer said. Another said: “Haven’t been in to your restaurant before, but now I’m putting it on my must-visit list. Love is love is love. Keep flying that flag!”

Kudos to Mr. Barbalace, by the way, for reaching out to the unfriendly reviewer.

The United States has made great progress and is one of the most tolerant places in the world.

But there’s always room for more progress and you’re far more likely to change hearts and minds with outreach – Daryl Davis and Matthew Stevenson are role models – rather than demonization.

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Last year, I wrote a column that investigated why the left is fixated on the unequal distribution of income and wealth, yet doesn’t seem to care at all about unequal distribution of attractiveness.

The question becomes even more intriguing when you consider that attractiveness is oftentimes nothing more than luck, simply a matter of winning the genetic lottery.

People with lots of income and wealth, by contrast, generally work very hard to offer goods and services of value to society, so they actually earn their riches.

Let’s review some additional evidence about good luck for people with good looks.

The Economist shares data from a new book about the advantages enjoyed by attractive people.

Just why are pedestrians likelier (three times as likely, according to one study) to defy traffic laws to follow a man across the road when he is wearing a suit than the same man dressed in denim? Similarly motorists stuck at a traffic light are slower to honk their horn if the car in front has a prestige brand. …A further piece of research cited by the authors involved undergraduates who were shown photos of 50 chief executives from the Fortune 1000 list of big firms. Half of these bosses were from the most profitable groups and half from the least profitable. The undergraduates were asked to judge, on looks alone, which executives had qualities such as competence and dominance. Remarkably, the students tended to pick out those executives who led the most successful companies. …it seems more probable that people with a certain type of appearance are likely to get promoted than it is to believe they are innately more competent than everyone else. …When participants in a study were shown pictures of male employees of a business consultancy, with similar clothes and masked faces, they perceived the taller men more positively in terms of team leadership skills. Indeed, research has shown that taller and more attractive men earn more than their shorter and plainer colleagues. …Physical characteristics also affect recruitment at lower levels. A group of Italian researchers sent CVs to a range of employers, some with photos and some without. Applicants deemed attractive by independent scorers were 20% more likely to get an interview than the same application without a photo.

Being attractive doesn’t just help people get better jobs and earn more income.

Here’s some data that may be even more important to a lot of people.

This study was conducted to quantify the Tinder socio-economic prospects for males based on the percentage of females that will “like” them. Female Tinder usage data was collected and statistically analyzed to determine the inequality in the Tinder economy. It was determined that the bottom 80% of men (in terms of attractiveness) are competing for the bottom 22% of women and the top 78% of women are competing for the top 20% of men. The Gini coefficient for the Tinder economy based on “like” percentages was calculated to be 0.58. This means that the Tinder economy has more inequality than 95.1% of all the world’s national economies. In addition, it was determined that a man of average attractiveness would be “liked” by approximately 0.87% (1 in 115) of women on Tinder.

Here’s a chart showing that only the most attractive men have an advantage on the hook-up site.

Here’s an explanation of the chart, as well as some discussion of how the system is wildly unequal.

The area in blue represents the situations where women are more likely to “like” the men. The area in pink represents the situations where men are more likely to “like” women. The curve doesn’t go down linearly, but instead drops quickly after the top 20% of men. Comparing the blue area and the pink area we can see that for a random female/male Tinder interaction the male is likely to “like” the female 6.2 times more often than the female “likes” the male. …the wealth distribution for males in the Tinder economy is quite large. Most females only “like” the most attractive guys. …Figure 3 compares the income Gini coefficient distribution for 162 nations and adds the Tinder economy to the list. …The Tinder economy has a higher Gini coefficient than 95.1% of the countries in the world.

And here’s the chart from the article showing how Tinder inequality compares to economic inequality among nations.

Regular guys don’t do very well and unattractive guys get the short end of the stick.

…the most attractive men will be liked by only approximately 20% of all the females on Tinder. …Unfortunately, this percentage decreases rapidly as you go down the attractiveness scale. According to this analysis a man of average attractiveness can only expect to be liked by slightly less than 1% of females (0.87%). This equates to 1 “like” for every 115 females. …The bad news is that if you aren’t in the very upper echelons of Tinder wealth (i.e. attractiveness) you aren’t likely to have much success.

Whether your goal is income/wealth or sex/relationships, the bottom line is that it helps to be attractive.

And being attractive is largely the result of luck. Which brings us back to the issue of why leftists don’t try to address this very meaningful form of inequality. Where are their plans to prevent discrimination against those of us who didn’t win the looks lottery? And to imposes taxes on those who wound up with favorable genes?

P.S. Libertarians are sometimes accused of being autistic dorks, and you don’t find many females at libertarian events, all of which presumably means male libertarians might benefit from government redistribution of dating partners. But we are moral and don’t favor government coercion and intervention, even when we might gain an advantage.

P.P.S. Here’s what would happen if Elizabeth Warren applied her class-warfare approach to dating.

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While capitalism is the only system to produce mass prosperity, I actually support free enterprise more because it is a moral system based on voluntary exchange. The various forms of statism, by contrast, are based on government coercion.

But non-coercion is not the only moral reason to support capitalism. I also applaud that free markets penalize racism and sexism. Simply stated, narrow-minded people are going to lose business to ethical competitors and forego income if they make choices based on animus rather than what makes economic sense.

This doesn’t mean an end to racism and sexism, but it certainly suggests that systemic and pervasive discrimination is very unlikely without government intervention (such as the Jim Crow laws that created government-enforced racism).

This is why I’m naturally suspicious of the claim that there’s a gender pay gap.

Mark Perry and Andrew Biggs of the American Enterprise Institute summarize the issue, pointing out that wage differences reflect personal choices and economic realities

…the 20% gender wage gap is actually a tiresome statistical myth that persists in the face of overwhelming evidence to the contrary. …The reality is that men and women make very different career and work choices, and frequently play very different family roles, especially for families with children. While gender discrimination undoubtedly occurs, it is individuals’ choice – not discrimination – which accounts for the vast majority of gender differences in earnings. …Compensating wage differentials are differences in pay that are designed to attract employees to jobs that otherwise would be undesirable. …The undesirable aspects of certain jobs can range from the mundane to the gruesome. For instance, men have longer average commute times to their jobs than women. In the U.S., the average male spends 33 more hours commuting to work each year. How much extra pay would you demand to spend the equivalent of four additional eight-hour days sitting in traffic or on a bus riding to work? …men are also much more likely to be injured or killed on the job. Economists have long found that, all else equal, more dangerous jobs pay higher average wages than safer jobs. And the 20 jobs with the highest occupational fatality rates are on average 94% male and 92.5% of workplace fatalities overall are men.

Writing for the Hill, Christina Hoff Summers of AEI issues a challenge that left-feminists are unable to answer. They never even try.

Everywhere we hear that for the same work, women only make 77 cents for every dollar a man makes. Think about that. If it were true, why wouldn’t businesses only hire women? Wages are the biggest expense for most businesses. So, hiring only women would reduce costs by nearly a quarter — and that would go right to the bottom line.

She points out that academic research repeatedly had debunked the claim that there is systemic discrimination that requires government intervention.

…this claim has been debunked over and over again. …The 23-cent gender pay gap we often hear about is simply the difference between the average earnings of all men and women who work full-time. It does not account for differences in occupations, positions, education, job tenure, or hours worked per week. When economists account for these relevant factors, the wage gap narrows to a few cents. By now, even feminist wage gap activists agree — at least when pressed.

Speaking of academic evidence, the Wall Street Journal opines about some recent research from Harvard economists.

Progressives claim that the pay difference between men and women is caused by sexism that government must redress. But a new study offers compelling evidence that the choices and priorities of women account for much of the disparity. The study examined data from the Massachusetts Bay Transportation Authority because it is a union shop with uniform hourly wages in which men and women adhere to the same rules and enjoy the same benefits. Workers are promoted based on seniority, not performance. Male and female workers of the same seniority have the same options for scheduling, routes, vacation and overtime. Under such rigid work rules, even a sexist boss or manager would have little ability to give men preferential treatment. Yet even at the Transportation Authority, female train and bus operators earned less than men. To explain why, Harvard economists Valentin Bolotnyy and Natalia Emanuel looked at time cards and scheduling from 2011 to 2017, also factoring in sex, age, date of hire, tenure, and whether an employee was married or had dependents. They found that male train and bus operators worked about 83% more overtime hours than their female colleagues and were twice as likely to accept an overtime shift on short notice. …The study ratifies the common-sense observation that men and women often have different priorities, and the best way to accommodate them is through the marketplace, not the untender mercies of government.

Notwithstanding all this evidence, some journalists are willing to publicize nonsensical numbers. Here are some excerpts from a column by Annie Lowrey in the Atlantic.

Do women earn…a shocking 49 cents on the dollar, as calculated by the social scientists Stephen Rose and Heidi Hartmann in a new analysis published by the Institute for Women’s Policy Research? …According to Rose, …the most accurate way to compare women’s and men’s earnings is to take the career-long view. “When you look at all women versus all men over time, the gap is 51 cents,” he said, referring to the 15-year figure. …What might help close this wide, long earnings chasm? Rose and Hartmann suggest…paid family leave and child-care subsidies…public-policy changes would give women more control over their working lives, and would help foster a more equitable workplace. And that would be good for everybody.

I’m guessing Ms Lowrey knows this study is tripe because she seeks to preserve her credibility by noting that pay gaps basically disappear when using honest numbers.

The most common way to measure the gender earnings gap is to look at how much women working full-time and year-round make, and compare it with what men working full-time and year-round make. …That number has some significant shortcomings, researchers have long argued. Women work different kinds of jobs than men do and have different levels of work experience, too. …Comparing apples to apples and oranges to oranges, women earn close to what men earn: Women in similar workplaces with similar titles and similar credentials make pretty much what their male peers do, whether they are fast-food employees making close to the minimum wage or corporate executives making hundreds of thousands of dollars a year.

But she doesn’t explain why the study is garbage.

To understand that, we’ll turn to Carrie Lukas, who debunks the IWPR numbers for National Review.

The study claims that the wage gap has been woefully understated, and that in reality women “earn just 49 cents to the typical men’s dollar, much less than the 80 cents usually reported.” How did they come to this jaw-dropping conclusion? Simple. They have redefined the “gender wage gap.” They are no longer looking at full-time workers, or even at consistent part-time workers. Rather, they are comparing the earnings of all women and all men who worked at any point during a 15-year period. More than four out of every ten women took more than a year out of the work force during that period, which was nearly twice the rate of men. As a result, women, on average, earned a lot less. That’s hardly a shock. …IWPR is misleading readers with the suggestion that the “wage gap” is really 49 cents on the dollar. …those who care about women’s economic advancement should seek to build an awareness of the very real consequences of the choices women make they decide what to study, which fields to enter, and how to plan their work lives so they can make informed choices.

Let’s close with this video from Ms. Sommers, which includes some rather amusing information about hypocrisy in the Obama White House.

P.S. Since I mentioned the previous administration, it’s worth noting that one of Obama’s appointees to the Council of Economic Advisers refused to defend the White House’s absurd claim that women only got 77 cents for doing the same work as men.

P.P.S. Given its track record of shoddy and biased output, is anyone surprised that the Paris-based Organization for Economic Cooperation and Development is pushing dishonest gender pay data?

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There’s a big controversy about whether business owners with traditional religious beliefs should be coerced by government into doing business with gay couples who want to get married.

Back in 2015, I explained that the real issue is freedom of association, not whether gay marriage is right or wrong (I’ve always wondered why government should have any role in marriage, but that’s a separate topic).

It’s time to revisit this issue now that the Supreme Court has released its decision on the case involving a Colorado baker who didn’t want to decorate a cake for a gay wedding. The Wall Street Journal opines that the decision was in favor of the baker, but on very narrow grounds.

The Supreme Court ruled 7-2 Monday for a baker who refused to custom-bake a cake for a same-sex wedding out of sincere religious belief. …this apparent victory for religious freedom may be short-lived. …While seven Justices on the High Court held for Mr. Phillips, the majority decision could have gone the other way had some facts been different. Writing for the majority, Justice Kennedy notes that Mr. Phillips was “entitled to a neutral decision-maker.” …As is his wont, Justice Kennedy strains to avoid a clear and decisive ruling. While “religious and philosophical objections [to same-sex marriage] are protected, it is a general rule that such objections” don’t allow the denial of services “under a neutral and generally applicable public accommodations law,” he writes. Perhaps the best that can be said is that florists, make-up artists, photographers and other people of faith have lived to fight another day. A ruling against Mr. Phillips would have been catastrophic for religious liberty, but the majority’s muddle provides only gossamer protection. …The message is that governments can punish religious beliefs as long as they keep their animus toward religion in the closet.

Since I’m not a lawyer, I’m not sure what to think about the Court’s contorted decision.

But as a libertarian, I think the government should not be involved.

Jeff Jacoby of the Boston Globe understands what the issue is all about. Here’s some of what he wrote shortly before Trump’s inauguration.

Freedom of association is a vital human right. …I support…the singers who refuse to sing for Trump, the fashion designers who refuse to design, the landlords who refuse to rent, the dancers who refuse to dance. No one should be forced to play a role in a celebration they want nothing to do with, or to hire themselves out to clients they would prefer not to serve. …if a caterer turns down a request to prepare the meals for Trump’s inauguration? Or a florist declines to provide the floral arrangements? Or a calligrapher says “thanks but no thanks” to addressing the invitations? I’d back them, too, and for reasons having nothing to do with Trump or Republicans or inaugurations — and everything to do with freedom of association. The right to discriminate — to choose with whom we will and won’t associate — is vital to human liberty. A dressmaker who can’t say no to a commission to design a gown isn’t free, and it doesn’t matter whether the gown is for a first lady or for the brides in a lesbian wedding. A liberal baker who declines to create a lavish cake decorated with the words “Congratulations, President Trump” is entitled to as much deference as a black baker who declines to decorate a cake with the Confederate flag, or a Muslim baker who declines to decorate a cake with the message “No Muslim Immigrants.” …Tolerance and pluralism are important values in a free society. So are choice and association. Your choices may not be mine; my preferred associations may not be yours. In a diverse, live-and-let-live culture, our differences are manageable — as long as government doesn’t interfere.

This controversy should have nothing to do with sexual preference. One of my former interns is gay, but does not want to force others to associate with him.

Being a gay libertarian…you are a pariah among your peers. …So-called civil rights groups like the American Civil Rights Union…say…that “when businesses are open to the public, they’re supposed to be open to everyone.” …Well, folks, I am gay myself – I am even married – and I stand by Philipps’ right to discriminate against whoever he wants. That, of course, makes me a traitor, a turkey voting for Thanksgiving – and if I were African American, it would also make me an Uncle Tom. …many liberals stand by the ACLU’s faulty reasoning… Faulty because it implies that, once you start selling a product or service, you automatically lose your right to freely and voluntarily interact with other people. It’s opened to the public, so it suddenly becomes public “property”… Following that logic, a Muslim baker would be forced to make a cake with Mohammed’s face on it – an unspeakable moral crime in Islam – Hooters would have to hire anyone as a server and gay bathhouses would have to welcome female patrons. …the infamous Jim Crow laws not only maintained an apartheid-like state for African Americans, but they also dictated how private businesses needed to interact with these people. …instead of having government force businesses to serve anyone, I want it to let them discriminate in the open. This way, I know exactly where not to do business. Because even if I were heterosexual, I would very likely boycott businesses that discriminate on arbitrary traits like sexual orientation or skin color. It’s not a crime – no one’s life or property is endangered by this refusal of doing business – but it goes against my moral standards of treating every human being as an equal.

Excellent analysis. Indeed, I’d like to take partial credit. Except Pierre already was a solid libertarian when he started working for me.

Here’s another column with the same perspective, which appeared in the Federalist.

…it should be simple to appreciate why religious people who deeply oppose socially changing marriage to include same-sex couples would not wish to endorse or participate in a same-sex wedding. …Masterpiece Cakeshop, as with many caterers, florists, and photographers, has merely declined to participate in an event or associate their brand with that event. Why do LGBT activists perceive this as a direct attack on the validation of their relationships? …I would not seek employment or request a table at a Planned Parenthood event and expect them to accommodate me. Why would I help them raise money or support their business model? If I encountered an individual morally uncomfortable with participating in an activity with me and my boyfriend, such as couple photos or planning a party, it would be uncomfortable for me to force her. …I would be taken aback by a rejection, I would feel it is my responsibility to choose another photographer rather than force another person to violate her faith for my satisfaction.

Interestingly, some folks on the left openly express their affinity for discrimination. Here’s Michael Moore exercising his right not to do business with theaters in North Carolina, along with a comment by someone who wants Moore to be philosophically consistent.

Ouch, that retort had to leave a mark. Though Moore isn’t bothered by hypocrisy, so he probably doesn’t care.

And speaking of hypocrisy, I wonder what my friends on the left think of the following examples of discrimination.

Here’s freedom of association in action, as reported by the Washington Times.

A boy whose letter to President Trump made national headlines last month reportedly wanted a pro-Trump cake for his birthday party, but his mother was unable to find a baker willing to fulfill the order. …his mother “made him one herself, because she couldn’t find a bakery willing and able to do it.” Michael P. Farris is president, CEO and general counsel of the Alliance Defending Freedom, …wondered why bakers are allowed to decline to make birthday cakes supporting Mr. Trump, but not wedding cakes supporting same-sex marriage. …“The fact is that these cake shops have freedom of speech,” he continued. “They have the right to decline to use their artistic talents to celebrate events or promote messages that violate their beliefs, even if it offends a nice little kid.”

Kudos to Mr. Farris. He wants sauce for the goose to be sauce for the gander. But more important, he wants the right sauce, i.e., nobody should be coerced by government to associate with others.

The New York Post highlights another example of how freedom of association works.

Bartenders at a West Village hot spot served up discrimination — with a liberal twist — refusing to serve a customer because he was wearing a “Make America Great Again” hat, according to a lawsuit. …Greg Piatek, 30, an accountant from Philadelphia, claims he was snubbed…by workers at The Happiest Hour on West 10th Street over his conservative fashion statement… “Anyone who supports Trump — or believes what you believe — is not welcome here! And you need to leave right now because we won’t serve you!” Piatek claims he was told as he was shown the door by a manager. …Piatek’s lawyer Paul Liggieri called the incident “humiliating,” saying it was his client’s “saddest hour.”

I think Mr. Piatek is being a snowflake. If some establishment didn’t want to serve me because of my libertarian values, I would shrug my shoulders and find a place that did value my cash.

I just wish folks on the left had the same perspective. Moreover, I wonder if they’ve considered the implication of their approach. This humorous item from Libertarian Reddit could become reality if the government had the power to force all of us to do business with each other.

And here’s another story showing how people choose to discriminate.

Brian Ashworth…was in the office when one of his employees walked back to tell him that a woman and four or five men…were in the dining room of Ace Biscuit & Barbecue… One wore a “Make America Great Again” shirt, and another had a shirt promoting the British white nationalist punk band, Skrewdriver. A third man sported a shirt that said, “Pinochet Helicopter Company,” a reference to former right-wing Chilean dictator Augusto Pinochet, accused of tossing Communists and other political opponents from aircraft. …the group was behaving, minding its own business. …”One employee said to me, ‘Brian, be cool. Let them eat,'” the restaurant owner recalled. …Suddenly, the young man in the Skrewdriver shirt threw up a Nazi salute, which the others reciprocated, he said. “That was it. Oh my God, are you kidding me? ‘Get out of here. You’ve got to go,'” Ashworth told them, admittedly in unkind words. …They countered that they had rights, and Ashworth conceded they had rights but said, as a business owner, …he reserves the right to deny service to other groups. His employees don’t have to serve them, he said.

Amen.

I imagine most of my leftist friends will agree with the restaurant owner’s decision, but there’s part of the story that may cause them heartburn.

“I got a round of applause from the customers who saw me throw them out,” he said. “A round of applause is good, but it doesn’t keep anybody safe.” …He decided to close for the day, for the safety of his staff and customers. …Ashworth brought his two .45-caliber pistols to work… He supposes he’ll keep bringing them to work until he feels safe again.

Last but not least, Marissa Mayer explains for FEE how she doesn’t think government should get involved solely because someone does not want to do business with her.

This week I was denied a service because the company’s values are at odds with the values that Alliance Defending Freedom stands for — values I personally hold. And guess what? I’m okay with that. …Using my work information, I signed up for an online course created by Moceanic, a team of talented fundraisers who have created a coaching and training business to help writers better connect with donors. …What I didn’t know when I signed up for the course, however, is that Moceanic does a lot of work with organizations such as the ACLU, Planned Parenthood, and LGBT activist organizations. …ADF and these organizations don’t exactly share the same values. …I received an email notifying me that they had refunded the cost of the course with no explanation as to why. I was a little perplexed by the email… That’s when I starting digging deeper into the brains behind Moceanic, and it didn’t take long for me to discover the values statement on their website. …”we reserve the right to choose not to train people working directly for, or on behalf of, organisations whose missions or values do not align with ours.” …I get it… Moceanic shouldn’t be forced to coach me on how to speak in a way that generates excitement and engagement for a cause that they disagree with any more than Jack should have to create a cake celebrating a marriage that conflicts with his beliefs.

Marissa is intellectually consistent and practices tolerance.

Too bad the same can’t be said for many other people.

I’ll close by noting that we all discriminate. We discriminate in the foods we buy, the friends we choose, the people we love, and the businesses we patronize. And I don’t think the government should coerce us to make different choices.

That being said, we also should recognize that some choices are fine and some choices are bad.

Because I have the taste buds of a child, I discriminate against restaurants with spicy food. Plenty of my friends tease me for my limited tastes, but I can’t imagine anyone (other than my mother when I was a kid) wanting to force me to eat foods I don’t like.

But what if I wanted to discriminate against people simply because of their race or religion? In that case, I would hope my friends would cease to be my friends and instead would upbraid me for my moral failings (I also hope some of them would be like Daryl Davis or Matthew Stevenson and try to rescue me from such odious forms of collectivism).

However, I wouldn’t want them to enlist government coercion. Believing in free speech also means allowing reprehensible forms of free speech. Believing in a free press also means allowing awful viewpoints. Believing in freedom of association means allowing disgusting forms of discrimination.

So bake a cake or don’t bake a cake. But if you have a bad reason for not baking a cake, you won’t be getting my business (even if your discrimination is economically rational).

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I’m currently in Monaco, which is a remarkable place for two reasons.

  • First, it is has an unusual economic model. There is no income tax, and you won’t be surprised to learn that I think this helps to explain why it is the world’s richest jurisdiction. Makes me wish we could reverse that terrible day in 1913 when the income tax was imposed in the United States.
  • Second, there are a lot of beautiful people in this small nation, especially relative to the small overall population.

With one exception, I’ve never commented on the looks of a population for the simple reason that it has nothing to do with public policy.

But that may be changing, in part because some ostensibly unattractive young men (known as “incels” because they are involuntarily celibate) are dealing with their frustration by killing others.

That strikes me a crazy reaction. I’ve endured many periods of involuntary celibacy in my life and it never occurred to me to murder anyone.

But let’s deal seriously with this issue. There’s no question that some people are lucky because they won the genetic lottery. If you’re naturally attractive, you have many more relationship options, whether you’re looking for one-night stands or marriage. And it’s not just sex and relationships. Being physically attractive makes life easier in all sorts of ways.

That’s not fair. But does that unfairness justify intervention?

Professor Robin Hanson of George Mason University doesn’t think so, but he wonders why people concerned about income equality aren’t similarly concerned about access-to-sex equality.

I’ve long puzzled over the fact that most of the concern I hear expressed on inequality is about…income inequality… many seem to be trying hard to inform those who rank low of their low status. Their purpose seems to be to induce envy, to induce political action to increase redistribution. …They remind the poor that they could consider revolting, and remind everyone else that a revolt might happen. This strengthens an implicit threat of violence should redistribution be insufficient. …One might plausibly argue that those with much less access to sex suffer to a similar degree as those with low income, and might similarly hope to gain from organizing around this identity, to lobby for redistribution along this axis and to at least implicitly threaten violence if their demands are not met. …personally I’m not very attracted to non-insurance-based redistribution policies of any sort, though I do like to study what causes others to be so attracted.

Hanson’s column generated a lot of response.

Ross Douthat addressed the topic in a column for the New York Times.

…it brings me to the case of Robin Hanson, a George Mason economist, libertarian and noted brilliant weirdo. Commenting on the recent terrorist violence in Toronto, in which a self-identified “incel” — that is, involuntary celibate — man sought retribution against women and society for denying him the fornication he felt that he deserved, Hanson offered this provocation: If we are concerned about the just distribution of property and money, why do we assume that the desire for some sort of sexual redistribution is inherently ridiculous? …Hanson’s post made me immediately think of a recent essay in The London Review of Books by Amia Srinivasan, “Does Anyone Have the Right To Sex?” Srinivasan, an Oxford philosophy professor, covered similar ground (starting with an earlier “incel” killer) but expanded the argument well beyond the realm of male chauvinists to consider groups with whom The London Review’s left-leaning and feminist readers would have more natural sympathy — the overweight and disabled, minority groups treated as unattractive by the majority, trans women unable to find partners and other victims… Srinivasan ultimately answered her title question in the negative: “There is no entitlement to sex, and everyone is entitled to want what they want.” But her negative answer was a qualified one. …like other forms of neoliberal deregulation the sexual revolution created new winners and losers, new hierarchies to replace the old ones, privileging the beautiful and rich and socially adept in new ways and relegating others to new forms of loneliness and frustration.

Writing for Slate, Jordan Weissmann had a very sour reaction to Hanson’s column.

If you’ve ever heard of George Mason University economist Robin Hanson, there’s a good chance it was because he wrote something creepy. …Last week, Hanson was back at it again. In a post that left many readers agog, he decided to use a heinous incident of misogynistic violence as an opportunity to contemplate the concept of “redistributing” sex to men who have trouble getting laid. …His brief post is more or less a lame attempt to compare people who worry about income inequality with incels who worry about “sexual inequality,” and suggest that they’re maybe not so different. …Some people have read Hanson’s piece and concluded that he believes women should be forced to have sex with men who strike out on Tinder, like some sort of giant socialized harem. I don’t think that’s the case. The professor, again, leans libertarian and, as he clarified on Twitter, opposes all sorts of government redistribution, including in this case.

By the way, I can’t resist commenting on the absurdity of Weissmann stating that he doesn’t “think” that Hanson believes in coerced sex redistribution.

Of course he knows that Hanson is opposed to that route. But since Weissmann presumably believes in coerced income redistribution, he wants to lash out at Hanson for pointing out that there’s an unseemly link between the two ideas.

I’ll close by pointing out that attractiveness helps with income as well as sex. And Omar Al-Ubaydli of the Mercatus Center asks, in a column for the Washington Examiner, whether that justifies redistribution.

Do attractive workers get paid more than unattractive ones? Some labor economists think so, having clearly demonstrated the existence of the “beauty premium,” which shows attractive workers have higher wages and more job opportunities. So, should we look to implement a “ridiculously good looking” tax? …what truly leads to higher wages for our photogenic friends. Is it because our beautiful colleagues are more effective at their jobs? Or is it because we are biased toward them… If physical attractiveness brings about superior productivity…then the beauty premium is morally justifiable. Employers pay for productivity… But if, on the other hand, earnings differences can be attributed to bigoted oppression of those blessed with less beauty, then there may be moral grounds for some positive discrimination and equal-pay legislation.

But if there’s a tax on beauty, what about other natural traits, like athletic skill?

If I deserved a subsidy from Gisele Bundchen for being less beautiful, would I deserve one from Lionel Messi for being a less capable soccer player?

Or a tax on height?

If the idea of a beauty tax seems strange or unlikely, then you may be surprised to learn that several respected economists have argued in favor of a height tax, whereby tall people are forced to subsidize the short.

As a libertarian, this isn’t a difficult issue. Like Robin Hanson, I don’t believe in coerced redistribution, whether for sex or money.

I have zero sympathy for violent “incels”, but I also recognize that life can be very unfair for people who lost the aforementioned genetic lottery. This is not a problem with a solution, but it’s one of the reasons I support legalized prostitution.

P.S. The U.K. actually has decided that some people have a right to sex, though fortunately there’s no coercion (other than the threats needed to collect taxes).

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An essential part of a free market economy is the price system. The competitive pricing of goods and services transmits information to producers and consumers and creates incentives for the efficient allocation of resources. Just as the circulatory system or nervous system enables our bodies to function.

And when you weaken or cripple markets with various forms government intervention (price controls, taxes, third-party payer, etc), that leads to distortions that reduce prosperity.

This is why “paycheck fairness” proposals to address the supposed “gender pay gap” are so risky for prosperity. It’s no exaggeration to say that these “comparable worth” schemes are designed to empower bureaucrats and politicians to override market forces.

What makes all this especially frustrating is there is no systemic discrimination against females in the workplace.

One of the leading scholars in this field is Christina Hoff Summers of the American Enterprise Institute. She has dissected the data and demonstrated that there is no pay gap once factors such as occupational choice and work hours are added to the equation. And now she has a must-watch video on the subject from Prager University.

All of her data is very compelling, but the most persuasive part of the video is at the beginning when she asks why profit-seeking businesses don’t fire men and hire women if there really is a wage gap.

Statists might respond that businesses are part of some evil patriarchy and that there’s some sort of oligopolistic conspiracy to forego income in order to oppress females. But if that’s what they really think, why don’t these leftists start their own businesses and take advantage of the supposed pay gap? Not only would they earn large profits, but they would also bankrupt existing firms that ostensibly are engaging in discrimination.

Sounds like a win-win, right?

And if they respond by saying that they don’t happen to have business skills because they chose to study more enlightened topics while in school, then ask them why progressive companies from France or Sweden aren’t entering the American market and earning lots of business?

Or are they part of the patriarchal conspiracy as well? Like almost all theories based on conspiracies, this is nonsense.

Let’s close with some wisdom on this issue from one of my colleagues at the Cato Institute. Vanessa Brown Calder cites a considerable amount of data on occupational choice, but also focuses on quality-of-life and family issues.

…women are considerably more likely to absorb more care-taker responsibilities within their families, and these roles demand associated career trade-offs. Sheryl Sandberg’s Lean In describes 43% of highly-qualified women with children as leaving their careers or off-ramping for a period of time. And a recent Harvard Business Review report describes women as being more likely than men to make decisions “to accommodate family responsibilities, such as limiting (work-related) travel, choosing a more flexible job, slowing down the pace of one’s career, making a lateral move, leaving a job, or declining to work toward a promotion.” It’s fair to assume that such interruptions impact long-term wages substantially. In fact, when researchers try to control for these differences, the wage gap virtually disappears. …It’s likely that other, more nuanced but documented differences, like spending fewer hours on paid work per week would explain some of the remaining five percent pay differential.

The philoso-raptor agrees.

P.S. Given its track record of shoddy and biased output, is anyone surprised that the Paris-based Organization for Economic Cooperation and Development is pushing dishonest gender pay data?

P.P.S. Even the Obama-era Council of Economic Advisers had enough integrity to disavow the feminist pay-gap numbers.

P.P.P.S. On an amusing note, here are some news reports about my interaction with the feminist left during my college years.

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