328: How Equality Wins, the New Vision for Inclusion with David Glasgow and Kenji Yoshino

This week, I welcome David Glasgow and Kenji Yoshino, co-authors of the new book How Equality Wins: A New Vision for an Inclusive America. As leaders of the Meltzer Center for Diversity, Inclusion, and Belonging at NYU School of Law, David and Kenji discuss the legal and political landscape of Diversity, Equity, and Inclusion (DEI) following the 2023 Supreme Court decision on affirmative action. They provide a practical roadmap for leaders to advance equality while navigating legal risks and political backlash.

My Key Takeaways

• The "Three Ps" of Legal Risk: A DEI program is generally only legally risky if it involves a Preference for a Protected group about a Palpable benefit. If any one of these elements is missing—such as a program that removes bias for everyone rather than creating a preference—it is likely legally permissible.

• Leveling vs. Lifting: While "lifting" strategies (like identity-based mentorship) are becoming more legally vulnerable, "leveling" strategies offer a safer and often more effective path. Leveling focuses on systemic changes, such as debiasing performance reviews and implementing objective hiring criteria, which benefit all employees while advancing equity.

• The Importance of Supporting Dissent: Effective DEI work requires creating psychological safety where dissenting views can be heard. Suppressing disagreement leads to "preference falsification," where people appear to agree but harbor quiet resentment. Engaging with counter-arguments ultimately builds stronger, more resilient support for inclusion.

Follow David and Kenji at https://www.law.nyu.edu/centers/belonging and pre-order their new book at https://www.simonandschuster.com/books/How-Equality-Wins/Kenji-Yoshino/9781668216750.