One of our enduring national illusions is that we can correct every injustice or social imperfection by passing a law. What we don't like we'll just make illegal. The impulse has inspired some disastrous social experiments. Remember Prohibition. But the impulse survives, and it has now brought us employment law: all the laws, regulations and court decisions that tell companies how to hire, fire, promote and supervise their workers. The enterprise exudes good intentions—and absurdities. In his new book ("The Excuse Factory: How Employment Law Is Paralyzing the American Workplace"), Walter Olson of the Manhattan Institute says companies are handcuffed. They can't hire sensibly, because tough job tests or probing questions might violate some anti-discrimination rule (on race, sex, age or disability). They can't fire incompetents for fear of "wrongful termination" suits. Honest job references are taboo, because any unfavorable comment may trigger a defamation suit. And if they don't police workers, the companies may invite charges of sexual harassment.
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