“In this article, I will try to identify what the purposes of the current generation of employment discrimination laws should be and to suggest institutional arrangements that promote these purposes. I conclude that it is a mistake to focus, as current law primarily does, on the question whether an employer has engaged in specific acts of discrimination. Even if discrimination is the concern in some ultimate sense, the objectives of the antidiscrimination laws are not best served by trying to detect individual acts of discrimination. Instead, the employment discrimination laws should be designed to give employers incentives to hire and promote members of minority groups in proportion to their representation in the relevant population. “

Source: David A. Strauss. “The Law and Economics of Racial Discrimination in Employment: The Case for Numerical Standards.” 79 The Georgetown Law Journal 1619, 1620. 1991. 

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