In ten years, employers have become subject to an imposing body of law regulating employment practices. This law has created two immense problems for the employer. First, enforcement of these laws is frequently capricious, arbitrary and unfair. Second, recent decisions strip the employer of his most reliable methods for selecting skilled, productive workers and threaten the efficiency of American industry.
Robert H. Patterson Jr. & J. R. Brame III,
Critique: A Defendant's View,
U. Rich. L. Rev.
Available at: http://scholarship.richmond.edu/lawreview/vol10/iss2/4