Fight Bias and Legalize Meritocracy: A Unifying Vision for Antidiscrimination Law

By Robert VerBruggen

Antidiscrimination law has become a flashpoint in American political debates once again. With the Supreme Court’s decision striking down affirmative action and a legal campaign against race-conscious “diversity, equity, and inclusion” (DEI) programs—a campaign that now enjoys the support of the executive branch—there has been increased attention to how these laws protect not only black, Hispanic, and Native Americans, but also white and Asian Americans. Some on the right have also resuscitated age-old libertarian arguments that antidiscrimination law necessarily violates freedom of association and should be pared back in general. Meanwhile, given ongoing racial gaps in many important outcomes, DEI advocates on the political left have fought to protect and expand race-conscious programs and policies. This report explains the history and current state of play of antidiscrimination law, with a focus on racial discrimination in employment, contracting, housing, and admissions to selective schools and colleges—areas in which interpersonal discrimination can limit access to important opportunities. It also assesses the role of discrimination in racial disparities over time and offers suggestions for reform.

New York: Manhattan Institute, 2025. 26p.