The Positive Effects of Anti-Discrimination Legislation: The Force of Law

Abstract

With the present-day resistance against DEI initiatives, anti-discrimination laws are more critical than ever as they ensure that everyone benefits from equitable and inclusive workplaces. I outline the main arguments that underly this resistance, including the myth of meritocracy, the prioritization of individualism in Western countries, and a weak commitment to these principles to begin with, whether due to vulnerable employment or a performative commitment. I outline the unconscious biases we may be susceptible to (e.g., recency effect, selective perception) which may lead us to believe that our perception of the world is uniform (i.e., if we do not see nor experience discrimination, it must not exist). Upon demonstrating the fallacies in some of these assumptions, I then present some of the substantial empirical evidence not only documenting the widespread experiences of discrimination against individuals with historically marginalized identities in the workplace, but also the evidence for the effectiveness of anti-discrimination legislation at combatting this discrimination. Much of the research on anti-discrimination legislation highlights the powerful influence of social norms. Fundamentally, anti-discrimination legislation both prevents unethical behavior and promotes ethical, equitable, and inclusive workplaces for everyone in our increasingly diverse communities.