New Report: A Unifying Vision for Antidiscrimination Law in a Post-DEI Era

Time to move beyond racial preferences and embrace meritocracy

NEW YORK, NY – As the Trump administration moves to eliminate disparate impact from federal civil rights enforcement and DEI programs face intensifying scrutiny for questionable hiring and admission practices, it is worth reexamining how the American legal system defines and enforces antidiscrimination law.  

A new report from Manhattan Institute fellow Robert VerBruggen provides a timely and comprehensive account of the history and current state of antidiscrimination law, with a focus on racial discrimination in employment, contracting, housing, and admissions to selective schools and colleges. VerBruggen outlines how the legal regime has shifted from a promise of colorblindness to one that often disregards objective standards in favor of racial outcomes. 

To course correct, VerBruggen advocates for a consistent, fair legal approach that protects all individuals and prioritizes merit-based, data-driven decision-making. This includes continued efforts to eliminate bias against black Americans and other minorities, who were the central focus of early civil rights reforms. It also means confronting a serious reckoning with antiwhite and anti-Asian discrimination, which has increasingly emerged under race-conscious policies.  

With the rise of “wokeness,” the backlash it has sparked, the Trump administration’s war on DEI, and a new majority on the Supreme Court, the political and legal momentum is shifting to reconsider race-conscious policies. In this emerging post-DEI era, VerBruggen suggests that a sincere commitment to colorblindness is the most unifying path forward. A system rooted in fairness, equal protection, and individual merit offers a hopeful vision for all who strive to achieve the American dream. 

Click here to read the full report.