Abstract

http://ssrn.com/abstract=2348420
 


 



The Diversity Feedback Loop


Devon W. Carbado


University of California, Los Angeles (UCLA) - School of Law

Patrick S. Shin


Suffolk University Law School

G. Mitu Gulati


Duke University - School of Law

February 14, 2014

A Nation of Widening Opportunities? The Civil Rights Act at Fifty (Samuel Bagenstos and Ellen Katz, eds., forthcoming University of Michigan Press 2014)
UCLA School of Law Research Paper No. 13-38
Suffolk University Law School Research Paper No. 13-37

Abstract:     
At some point in the near future, the Supreme Court will weigh in on the permissible scope of affirmative action to increase workplace diversity. Undoubtedly, many scholars will argue that if affirmative action is good for colleges and universities, it is good for workplaces as well. One cannot assess whether this “transplant” argument is right without understanding the ways in which diversity initiatives at colleges and universities interact with diversity initiatives at work. The university and the workplace are not separate and distinct institutional settings in which diversity is or is not achieved. They are part of an interconnected system. We call this system the “Diversity Loop,” and it is constituted by three central features: a supply effect (the diversity the university “supplies” to the labor market), a reiteration effect (the extent to which that diversity can be “reiterated” into the workplace), and a demand effect (the influence the employer’s “demand” for particular kinds of employees has on the university’s admissions criteria). The existence of this Diversity Loop is relevant to the normative question of whether it is desirable to promote affirmative action in both the workplace and the university settings and to the doctrinal question of whether the legality of affirmative action in the context of the workplace should be coextensive with the legality of affirmative action in the context of the university.

Number of Pages in PDF File: 29

Keywords: affirmative action, Supreme Court decisions, workplace diversity, diversity loop

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Date posted: November 2, 2013 ; Last revised: February 26, 2014

Suggested Citation

Carbado, Devon W. and Shin, Patrick S. and Gulati, G. Mitu, The Diversity Feedback Loop (February 14, 2014). A Nation of Widening Opportunities? The Civil Rights Act at Fifty (Samuel Bagenstos and Ellen Katz, eds., forthcoming University of Michigan Press 2014); UCLA School of Law Research Paper No. 13-38; Suffolk University Law School Research Paper No. 13-37. Available at SSRN: http://ssrn.com/abstract=2348420

Contact Information

Devon W. Carbado (Contact Author)
University of California, Los Angeles (UCLA) - School of Law ( email )
385 Charles E. Young Dr. East
Room 1242
Los Angeles, CA 90095-1476
United States
310-825-3365 (Phone)
310-825-6023 (Fax)
Patrick S. Shin
Suffolk University Law School ( email )
120 Tremont Street
Boston, MA 02108-4977
United States
617-573-8182 (Phone)
617-305-3090 (Fax)
Gaurang Mitu Gulati
Duke University - School of Law ( email )
Box 90360
Duke School of Law
Durham, NC 27708
United States
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