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Workplace diversity efforts have many critics. More notable perhaps than the attack from the right in the form of legal challenges alleging workplace diversity efforts amount to reverse discrimination is the normative critique of workplace diversity efforts from the left. Progressive responses to workplace diversity efforts range from cautious ambivalence to highly suspicious. This article deconstructs this progressive critique of workplace diversity efforts and in the process identifies two primary strands of opposition, one principled and the other practical. The article responds to this critique by situating workplace diversity efforts within the context of their equal employment opportunity origins and by highlighting their beneficial effects for women and racial minorities. This response reveals the true progressive concern as less about how workplace diversity efforts are justified in principle than about how they might operate in practice. Taking this pragmatic concern seriously, this article relies on theories of law and organizational theory to suggest that Title VII law and doctrine should be interpreted and applied by courts in response to workplace diversity efforts in ways that promote their equality-enhancing effects and otherwise restrict their potential to incur the kinds of practical harms that most concern progressive scholars.

The Long Arc of Diversity Bends towards Equality: Deconstructing the Progressive Critique of Workplace Diversity Efforts