I think your argument that discriminatory companies will lose out to companies willing to hire more broadly is flawed for a few reasons: 1. Markets are not per

I think your argument that discriminatory companies will lose out to companies willing to hire more broadly is flawed for a few reasons: 1. Markets are not perfectly efficient. If Apple decided not to hire female engineers they wouldn't immediately be overtaken by another company that can use access to a larger labor pool as a decisive advantage. Even if this would be a disadvantage because other companies would hire women, they might still win due to other advantages. 2. Often the same prejudice that affects hiring is held by the customers. If a restaurant in a racist community refuses to hire minorty workers, they might do better than other restaurants. This makes it even more important to enforce fair hiring practices judicially.