The continuing diversity obsession



Dozens of “gap” statistics have become so deeply embedded in our political discourse that we hardly question whether unequal outcomes are actually evidence of discrimination. “Women make 77 cents on the dollar compared to men.” “Hispanic students make up a disproportionately small percentage of university graduates.” “Black women must work into the following July to catch up to what white men made the previous year.”

In our equity-obsessed age, each one of these “gap stats” has a grimy underbelly, made up of individuals who are unfairly denied the fruits of their talents because institutions have tried to force equal outcomes: men who work longer hours on average; Asians who have higher SAT scores on average; Millennial and Gen Z white applicants who get passed over at work because they don’t add to diversity, equity, and inclusion.

Though no example exists anywhere of a world without disparities, it seems that most American institutions — government agencies, universities, and corporate workplaces — cannot tolerate the reality of their existence.

We are living through a decade of wokeism in which racial favoritism has graduated from an ostensibly temporary thumb on the scale for the almost-qualified to the kind of unqualified frenzy that attracts grifters and con artists. And, correspondingly, the discrimination against the disfavored has gone from ambient to so intense as to bar advancement in culturally prestigious industries.

Contra to dismissive talking points from purveyors like AOC, Woke 1 has done real damage to many lives.

Think, for example, of the nameless crowd of people denied the sinecures, positions, and honors bestowed on Cambridge’s former “youngest black professor,” Jason Arday. He was a serial fabulist and plagiarist and tragically died by suicide earlier this month.

In addition to the coveted position from which he resigned, Arday had a lucrative book deal in an industry in which just three of the 70 National Book Awards nominees in the past decade were white men, a shift that happened far too suddenly to have occurred naturally.

The Arday debacle shows that the quest to eliminate disparities has turned hiring into a de facto racial spoils system. Despite every remedy applied against them, disparities persist everywhere — in every profession, school, boardroom, prison, scientific award category, sports field, and socioeconomic tier for reasons that are cultural, political, family-based, genetic, religious, and natural.

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Sometimes the reasons are even historically arcane. The majority of nail technicians in the United States are Vietnamese, even though they make up just 0.75% of the population. It turns out that this particular disparity can be traced to a single American actress, Tippi Hedren of "The Birds" fame. She visited a refugee camp near Sacramento after the Vietnam War and paid her manicurist to provide training, which then spread like wildfire throughout that community.

Disparities of a thousand hues are the norm. As Thomas Sowell wrote in "Discriminations and Disparities" back in 2018, “Neither in nature nor among human beings are either equal or randomly distributed outcomes automatic. On the contrary, grossly unequal distributions of outcomes are common, both in nature and among people.”

Though no example exists anywhere of a world without disparities, it seems that most American institutions — government agencies, universities, and corporate workplaces — cannot tolerate the reality of their existence, even where there is no evidence that they arise from discriminatory practices.

University of San Diego School of Law professor Gail Heriot, an experienced civil rights lawyer and author of the aptly titled article “Title VII Disparate Impact Liability Makes Almost Everything Presumptively Illegal,” regularly challenges audiences to come up with a single hiring criterion that does not produce disparate outcomes on the basis of some protected characteristic — that is, race, sex, religion, or national origin.

She has never received a satisfactory answer, even after offering a cash reward.

The ubiquity of disparities allows government agencies to choose their victims at will. No government body tasked with enforcing laws against workplace discrimination has ever investigated whether requiring a bachelor’s degree for entry-level office work causes disparities among different demographic groups. Instead, the government seeks to root out all disparities against protected classes.

During the Biden administration, the EEOC sued the grocery store chain Sheetz for screening out potential employees with certain kinds of criminal records. The government admitted that Sheetz had no intention of discriminating against black and Native American job applicants. But because a higher percentage of job-seekers from those backgrounds had criminal records, it had the effect of constituting illegal discrimination.

Welcome to disparate impact liability, a branch of the law now declared dead for the time being — and potentially unconstitutional — by the Trump administration’s Office of Legal Counsel.

RELATED: We need lawfare for white men

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When the law presumes that these gaps exist because of discrimination, it places defendants in an impossible position: When the inevitable disparities appear in your organization, you can either accept them — and open yourself to litigation — or discriminate against unprotected classes to make the numbers even out — and open yourself to litigation.

As I testified before the House Oversight Committee in July, our universities, corporations, and public institutions have been “at war with the reality of disparities” for decades. In their effort to vanquish them, often under shapeshifting terms, they’ve turned to actual discrimination against “overrepresented” groups in a way that is both deeply unjust and illegal under U.S. law.

For too long, even those on the right were defensive about the existence of these disparities.

They went beyond the laudable goal of reforming the K-12 education system to make it function better for all students to promising that their reforms would “close the gaps” and selling them as a way to render affirmative action at the university level unnecessary.

But the problem with DEI, and before that affirmative action, is simple: It tries to impose a Harrison Bergeron dystopia of equitable outcomes at mass scale. But doing that in a real world full of disparities requires discrimination against individuals.

As a multiethnic republic, we can no longer tolerate a system that institutes a legalized hierarchy of favored and disfavored classes. We can either enforce civil rights laws equally for everyone, which the Trump administration has done an admirable job of pursuing, or we can continue to degenerate into balkanized bloc politics marked by increasing resentment.

For the good of everyone, we must kill the god of the gaps: equality under the law for all, special favor for none, and let the disparities fall where they may.

Editor’s note: This article was originally published at the American Mind.

Equal treatment makes a comeback



There is something almost touching about the astonishment with which American universities are discovering that racial discrimination is illegal.

The Justice Department announced Monday that it is investigating the College of William & Mary over scholarships and student benefits that allegedly discriminate according to race. The Civil Rights Division says it is examining whether those programs violate Title VI of the Civil Rights Act of 1964, which prohibits racial discrimination by recipients of federal funding.

Universities spent years teaching America that racial discrimination could cure racial discrimination. They may now receive an expensive lesson in return.

One might have supposed that this was not a particularly difficult statute for universities to understand. These are, after all, institutions populated by people who pride themselves on detecting racism in places where ordinary mortals see friendship and community.

And yet when discrimination appears in their own programs, their racial acuity suddenly fails them. Universities have spent years building programs around concepts such as “whiteness,” “decolonizing,” privilege, and equity. The problem is not that administrators forgot the Civil Rights Act. It is that many convinced themselves they had discovered a morally superior exception to its basic rule.

The old civil-rights principle was admirably simple: Do not discriminate on the basis of race.

The newer DEI principle often works differently: Unequal treatment may be justified if it is meant to correct an earlier inequality.

The distinction is the whole game.

Under the older understanding, the injustice consisted in treating an individual differently because of his race. If a university told an applicant, “You cannot have this opportunity because you are black,” we knew what to call it. If it told another applicant, “You cannot have this opportunity because you are white,” we also knew what to call it.

The genius of DEI was to make the second sentence sound morally different from the first.

This required an impressive amount of academic labor. Entire vocabularies were constructed to explain why unequal treatment could become virtuous when practiced by the right institutions, against the right groups, for the right reasons. We learned about privilege, power, positionality, systemic racism, dominant identities, marginalized identities, intersectionality, and the rest of the lexicon.

RELATED: Trump’s Justice Department is shining a light on woke universities — finally

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The result was an ethical system of remarkable convenience. It condemned racial discrimination while supplying a vocabulary for practicing it.

The trick was accomplished by shifting the unit of moral judgment from the individual to the group.

Once people are sorted into historical categories of oppressor and oppressed, equal treatment begins to look suspicious. If Group A has enjoyed advantages and Group B has suffered disadvantages, treating individual members of A and B according to the same rules can be recast as perpetuating injustice. “Equity” then becomes a justification for unequal treatment today in the name of unequal treatment yesterday.

There is only one troublesome detail: The person standing before you today is an individual human being, not an installment payment on a historical debt.

A white 18-year-old applying for a scholarship did not write the Jim Crow laws. An Asian student applying to medical school did not build the transcontinental railroad with exploited labor. A black student is not the personal embodiment of several centuries of American suffering.

The civil rights tradition understood this. That is why the law speaks in the language of persons rather than assigning inherited moral credits and debits to racial castes.

The DEI worldview has spent years trying to reverse that achievement.

And now comes the awkward part.

The law is still there.

The Civil Rights Act does not contain an asterisk reading, “Discrimination permitted when performed in the service of social justice.” Title VI does not say recipients of federal money may discriminate according to race provided that a diversity consultant has explained why it is virtuous.

Last year, the Justice Department expressly warned recipients of federal funding that antidiscrimination laws apply regardless of whether discriminatory practices are packaged under the label of DEI. Now William & Mary is discovering what that warning means.

Nor is William & Mary alone. The Justice Department has been examining race-conscious practices across higher education. My own university, Arizona State, is under investigation. The Supreme Court’s 2023 decision in Students for Fair Admissions should already have alerted universities that the legal ground beneath racial preferences had shifted dramatically.

But something deeper than law is involved here. Universities are supposed to teach students how to reason. So let us try an elementary syllogism.

Racial discrimination is wrong. Denying someone a benefit because of his race is racial discrimination. Therefore, denying someone a benefit because of his race is wrong.

You don’t need a doctorate in critical theory to follow the argument. Indeed, a doctorate in critical theory may be an impediment.

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The great moral achievement of the civil rights movement was not to rearrange the racial hierarchy so different people could enjoy their turn at discrimination. It was to attack the hierarchy itself. The principle was equality before the law — not equality before the law except when our preferred theory of historical oppression recommends otherwise.

There is a useful lesson here for universities accustomed to believing that noble intentions confer immunity from ordinary moral rules.

They do not.

You may call discrimination “equity.” You may put it in a strategic plan. You may hire a vice president to administer it. You may surround it with the soothing language of “belonging” and “inclusion.” You may even persuade yourself that treating students differently according to ancestry is the latest advance in American civil rights.

But eventually somebody will ask the embarrassingly primitive question: Did you treat this person differently because of his race?

If the answer is yes, all the fashionable vocabulary in the world cannot make the question go away.

Universities spent years teaching America that racial discrimination could cure racial discrimination. They may now receive an expensive lesson in return.

The Civil Rights Act never learned DEI.

And the next shoe may be even more expensive: lawsuits from students who say they were denied scholarships, admissions advantages, or other benefits because of race. Once universities concede that race determined access to an opportunity, the legal question becomes much harder to explain away with the language of equity.

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Gavin Newsom’s racial pandering knows no bounds



Leaders should seek to unify people. Instead, California governor and likely 2028 presidential candidate Gavin Newsom (D) embraces politics, dividing his constituents into those entitled to privileges and subventions by reason of their melanin, sex, or sexual orientation — and those who are required to fund the largesse.

He opposed race-neutral admissions to the California state university system (overruled by the people of California — twice), imposed gender and racial requirements on corporate boards (held unconstitutional — twice), required ethnic studies and ethnically dumbed-down math in K-12 curricula, and is carefully advancing a potentially multitrillion-dollar reparations plan for California’s black residents.

Whether born of intense self-loathing or kowtowing to the radical left, Newsom’s support for reparations is racist political pandering at its worst.

Newsom’s unconstitutional quest to curry favor with, undermine the confidence of, and potentially spend trillions of dollars on California’s 2.5 million black residents began in 2020 when he signed AB3121 into law, which required the state to study and develop reparation proposals for black Californians, with “special consideration” for descendants of slaves.

Then, in 2022, Newsom established a commission to develop policies that impact racial equity and disparities. The following year, it recommended payments exceeding $1 million for each descendant of slaves, as well as housing assistance, guaranteed wages, racially segregated education, and overturning California’s ban on affirmative action in college admissions, among hundreds of other racially abhorrent policies.

Now, Newsom has established a new bureau nominally to develop programs to implement the commission’s report, but with legislative authority to “expand” its mission to address remedies for the “lasting harms” of disenfranchisement, segregation, discrimination, exclusion, neglect, and violence impacting black Californians. The bureau is also authorized to collect nonpublic personal and genetic information to identify those who should obtain preferential treatment.

Newsom vetoed legislation to give admissions preferences to descendants of slaves, which he said colleges can already do; investigate racist property taxes, which is already within the new bureau’s mandate; and allocate 10% of state loans to slave descendants, which is clearly unconstitutional. An appearance of balance is important for a nascent presidential campaign.

Nonetheless, whether born of intense self-loathing or kowtowing to the radical left, Newsom’s support for reparations is racist political pandering at its worst.

Reparations are particularly inappropriate in California. The state was admitted to the Union in 1850 as a free state, in which slavery was prohibited. Its population today is about 37% non-Hispanic white, 39% Hispanic, 16% Asian, and 6% black. Over a quarter are foreign-born.

There is no doctrine in the United States that holds children liable for the crimes of their parents, much less their distant ancestors; nor do children inherit their ancestors’ debts. In 1860, there were 395,216 slave owners in the 15 states that permitted slavery and none in the other 18 states. In total, about 5%-6% of all U.S. households owned slaves.

Today, most blacks are at least middle class, live in diverse suburbs, and pursue the same careers as whites. They are doctors, lawyers, and chief executives. With about 12.5% of the population, blacks account for a somewhat larger share of U.S. House members and about one-third of the mayors in America’s 100 largest cities. Blacks have held the highest offices in government, from president and vice president to numerous Cabinet positions and 22% of current Supreme Court justices.

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In a 2002 Gallup poll, 14% of Americans favored the payment of cash reparations to descendants of black slaves. A 2019 Associated Press-NORC poll found 29% approval. In 2024, a Princeton University-Liberations poll found that 36% of Americans supported at least some form of reparations, with 15% strongly supporting cash payments. A 2022 Rasmussen poll and a 2025 YouGov poll had similar results. About a quarter of blacks oppose reparations.

At least 23 cities and states are considering paying reparations, including New York City, San Francisco, and Boston. Under most reparation proposals, the national cost would range from about $12 trillion to $20 trillion.

While polls usually ask about reparations for descendants of slaves, most commissions also consider payments to other black Americans. A Brookings Institution report justifies giving reparations to wealthy blacks and recent immigrants due to the wealth gap between black and white families.

Polls and partisan commissions aside, the 14th Amendment prohibits governments from allocating benefits based on race. The Supreme Court has been clear that our detour into justifying affirmative action and other race-based programs was a “pernicious aberration.” There have been trillions of dollars of transfer payments to black Americans through welfare, food stamps, loan payments, enterprise zones, minority contracting, and affirmative action. These giveaways deprive blacks of agency and create dependency, not a path toward self-actualization.

Chief Justice John Roberts said it well in the Supreme Court’s decision ending racial preferences in college admissions: “Eliminating racial discrimination means eliminating all of it. … [T]he guarantee of equal protection cannot mean one thing when applied to one individual and something else when applied to a person of another color.”

Gavin Newsom knows all this. He just doesn’t care.

Editor’s note: This article was originally published by RealClearPolitics and made available via RealClearWire.