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It's entirely possible that affirmative action will help one group of blacks and hurt another. I'm worried that the group that suffers the most will be the poorest.

If affirmative action raises the cost of hiring black people with very limited education and few marketable skills, then employers are going to try to avoid it.

In this respect, affirmative action works like minimum wage laws that make it harder for the least skilled people to get jobs because they increase the cost of employing them.


Reference: Richard Epstein makes the argument that affirmative action works like minimum wage laws in Forbidden Grounds: The Case Against Employment Discrimination Laws.

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