Over the past few years in the U.S., more than a hundred federal lawsuits have been filed challenging diversity, equity, and inclusion (DEI) programs in companies, firms, universities, and the public sector.
As legal scholars who monitor these cases closely, we have noticed a clear pattern. To avoid legal liability, organizations that formerly restricted diversity programs to specific demographic groups (such as people of color, women, or LGBTQ+ individuals) are now opening such programs to everyone.
This shift from targeted participation to universal participation has enabled many organizations to settle their lawsuits. But has this strategy destroyed the purpose of the programs themselves? Not necessarily. Our research suggests that the decline of targeted diversity programs comes with some costs, but there are multiple hidden upsides to the new era of universality.