Pursuing Diversity: From Education to Employment

The diversity rationale for race-based affirmative action drastically departs from its traditional justification as a remedy for past discrimination. Amy Wax argues that the diversity rationale paves the way for "affirmative action forever." In this new paradigm, to remain true to the civil-rights laws, courts must prohibit racial preferences in education and employment unless their proponents offer specific evidence that the benefits of racial preferences outweigh their cost.