Category: equity and equality

Jesse Singal on inequality, inequity, structural racism, and the “pipeline problem”

August 19, 2022 • 9:15 am

Jesse Singal has a nice piece on racial disparities on his Substack site, and you can read it for free (do subscribe if you read often). I had to read it twice to grasp his point, for the title is a bit confusing. Now, however, not only do I see where he’s coming from, but in the main I agree with him. Our only disagreement seems to be semantic: about what “structural racism” means. But that semantic difference is important. I’ll get to that shortly.

I recommend reading it, which you can do by clicking on the screenshot below.

I’ll summarize what I think is his point. He sees structural racism not as present-day features of institutions that mandate or facilitate discrimination, but simply as racism that has persisted through American society since slavery (he counts “blacks” in his discussion as American descendants of slaves, not including immigrants from Nigeria or the Caribbean). “Structural racism,” though waning, persists because, due to racism as recently as his grandparents’ time, there’s been a persistent inequality of wealth and resources between whites and blacks. This leads to an inequality of resources available to blacks and whites—resources that help people get jobs and attain the diverse measures of success. This disparity of resources means that entry to prestigious or lucrative jobs is more limited for blacks than for whites, leading to the present “inequities” that are so visible—the subject of a lot of worry. In other words, blacks have a narrower entrance to the pipeline that leads to success.

In this way, the “structural racism”—racism beginning early in America and persisting up to our era—leads to unequal outcomes, and that’s through a restricted entry of blacks into the “pipeline” of opportunity. To Singal, it’s a matter of wealth, the lack of which limits opportunity. Ergo, if you accept “structural racism”, then you have to also accept “pipeline problems.”

If you see “structural racism” in this way, then I agree with him. My only disagreement with Singal—and it’s an important one—is that “structural racism” is usually construed as institutionalized forms of discrimination: laws, rules, or codified practices that discriminate against people of color. This construal is important (and Singal alludes to it) because it implies that present inequities reflect present-day racism, and leads to the view that we can fix inequities simply by either ferreting out the structural biases, or lowering the bar by lessening the degree of meritocracy. Singal sees this form of “structural racism” as different from his. But in the end, Singal’s solution would seem to be mine as well:  assure equal opportunity for everyone from birth.

The problem is that if “equal opportunity” reflects, as it surely does, inequality of wealth, then how do you assure it without making everyone equally wealthy, or at least wealthy enough get what you need to compete for good jo?  His solution to inequity, then, seems to be to drastically reduce income inequality. And that’s a tough row to hoe.

But a lot of what Singal says makes sense. I’ll give a few quotes:

First, his definition of a “pipeline problem”:

Before I unlocked this article, my copy editor pointed out that I failed to define pipeline problems, assuming readers would be familiar with the phrase. A pipeline problem is a situation where disparities in workplace or academic settings might partially reflect disparities in the pool of qualified applicantsfor these positions rather than discrimination in hiring. To take an extreme and hopefully uncontroversial example, imagine Company X lacks any Lithuanian American employees. It could be because the company’s hiring process is biased against Lithuanian Americans, but it could also be because it received few or no competitive applications from this relatively small group.

Fair enough. I think we all agree that such issues are the primary explanation for the absence of racial diversity, at least in academia.

And his construal of structural racism (or so I think):

But whatever you think of the precise way race continues to shape things today, and how much it can be fully separated from class, race has obviously shaped the transmission of wealth and opportunity across generations. Again, we’re talking just two generations ago. There is no wild conspiracy theorizing going on here. It’s just not credible to deny this. So the tl;dr version of all this can be boiled down to: “I am successful in part because my grandparents were able to accumulate wealth on an uneven playing field, and millions of other white people can say the same thing.” This is not a knock on the grandparents in question, who really did work hard. But, again, everyone knows that a lot of people work hard. People travel tens of thousands of miles, on foot, just for a chance at a slightly better backbreaking job. “Well, they worked hard!” is a cop-out that doesn’t really explain who gets what.

You’re telling me that this stuff doesn’t matter and that it can’t help explain things like the racial wealth gap?

If you think of “structural racism” as inequality of opportunity caused by racism that was pervasive as recently as our grandparents’ generation, then you plunge yourself into a convoluted argument that that (Singalian) structural racism is the main problem rather than entry into the pipeline. (Singal sees them as pretty much equivalent). His quote:

If you believe in structural racism but don’t believe that white people are better positioned than black people to produce competitive job applications, on average, think about what you’re saying:

1) White people have, over the generations and on average, been endowed with opportunities black people have been robbed of

2) This extends well past K–12 education and into the elite corners of higher education, which white people have much more realistic access to than black people, on average — and degrees from top-tier schools are much more advantageous than degrees from middling ones

3) White people are also, relative to black people, endowed with more of every conceivable sort of training, tutoring, career guidance, access to young professional networks, and other benefits associated with successful job-searching, on average

4) Despite all this, white people and black people produce about equally competitive job applications.

I don’t know how anyone in their right mind could believe this sequence of claims. To do so, you have to think that all the stuff you were (rightfully!) yelling about 30 seconds ago — the vastly unfair and discriminatory apportionment of wealth and opportunity in America over the generations — just doesn’t matter when it comes to job applications.

Ergo, if you believe in “structural racism”, you must believe in pipeline problems, for the former (again, construed as Singal does) causes the latter. And you can’t rectify the latter simply by making a few tweaks in the structure of corporations, universities, or, indeed, society. DEI initiatives won’t work: we need a fundamental shake-up of American society.

The reason that people prefer the “pipeline argument” to the “structural racism” argument is that the former absolves them not only of blame, but also pretends there is an easy fix to inequality. A couple of quotes:

And [the pipeline explanation] very beneficial to privileged people, because it draws attention away from that privilege, away from how much they have and how much other people lack, and toward the idea that whoops, some bias infected some people’s brains (coulda happened to anyone), and once we banish it, diversity will bloom within our selective institutions.

By “discrimination” below, I don’t think he means simple racism, but discrimination among those of unequal qualifications—i.e. a meritocratic approach to hiring:

. . . One more time: It is comforting to think that discrimination is what’s leading to the outcomes we don’t like. It suggests relatively easy, nearby fixes. No one wants to be discriminatory.

And this—the fact that we’re nowhere near equality of opportunity, which correlates with equality of income—is the reason why people think that weak or even virtue-flaunting solutions are going to do anything about unequal representation. Again, by “discrimination”, I think he means “discrimination based on qualifications”, not race:

What people do want — or what the sorts of people in a position to shape how companies look want, at least — is to win the meritocracy game. They want that for themselves and for their kids. That’s why the conversation will grind to a halt if you press people on the actual depth of their desire for racial and socioeconomic justice. As in, if the results you see around you aren’t generated by discrimination, but rather by a big, complicated machine, are you still going to be enthusiastic about trying to change things? What about when you reflect on the fact that this big, complicated machine has generated excellent outcomes for you and your family?

Below is his case for diversity, which I agree with. I suppose that, in the end, this is the reason I favor some forms of affirmative action (I go back and forth between the diversity-is-inherently good justification, which was the basis of the Bakke decision, and the diversity-as-a-form-of-reparations argument):

Forced to choose between the two, I do certainly prefer a meritocracy with diverse faces at the top than a meritocracy dominated by white people. I think that all else being equal, diversity is a very good thing. I know it sounds like I’m reciting a mantra, but I’m a city boy and Jewish and so much of the culture, food, and literature that has meant the most to me has been the result of different groups colliding, mixing, and creating new things. America was always built to be a diverse place — it really is in our DNA, to borrow a phrase — and we’re at our strongest when it’s a cacophonous throng of voices from different backgrounds. So I don’t want to paint too dire a picture for those simply seeking to hire more diverse workers.

But this puts him in a bind, for as I see it Singal still views the meritocracy as inevitable (I don’t know if he approves of it), and holding that view will automatically create inequities.

What is the solution? In the final section, called “The Good News (Sort Of)”: Singal has some good news and some bad news.

The good news is that things are getting better: inequalty and inequity are lessening as racism wanes. (Only someone who’s blind can deny that.)

The bad news is that not only is it nearly impossible to create a level playing field, but people don’t even want to talk about the needed fixes, much less the problem. Those fixes require too much work and too much money for those of us in a position to help, and to discuss the problem leads to accusations of racism:

What it comes down to is that if we can’t openly and honestly talk about what the problems are, they will be impossible to solve. And part of me thinks that’s the point. For a lot of powerful people, the system we have is working great for them and their kids, minus a pesky lack of diversity where they work or where their kids go to school. If they can just tweak that — and it’s certainly getting easier to do given the aforementioned burgeoning middle class of talented non-white Americans — then their world will look pretty good, pretty just. And they can get there without ever having to really question, let alone act contrary to, their own material self-interest.

Were I to grade the piece, I’d say that it’s about 40% too long. But it’s well worth reading anyway.

Singal

What about affirmative action?

July 13, 2022 • 11:00 am

I often say on this site that I favor a form of affirmative action for admission to schools and colleges (not necessarily for hiring above that level), and I favor this as a form of reparations. I’ve received a lot of pushback from readers who either think we shouldn’t have any affirmative action, or, if we retain it, it should be based on class or even on “viewpoint”, not race.  I keep thinking about these counterarguments and I see their merits, but I’m not yet ready to give up on affirmative action.

I do remember, though, that when it was instituted when I was younger, it was said to be a temporary expedient, perhaps lasting 50 years or so.  It’s clear that that’s not going to happen, and the DEI bureaucracy that pervades universities will insure it won’t happen, for the employees would be out of a job if we achieved equity (equal representation of groups). But they wouldn’t be out of a job if they adhered to my notion of equality (“equal opportunity”), for equal opportunity, given cultural differences and preferences, will never produce perfect equity. DEI initiatives are thus aimed at achieving not equality, but equity. This ensures they’ll be permanent.

And even arriving at equal opportunity will take years and tons of money and social engineering and public will and commitment, and we’re nowhere near that. Ergo, we should get used to affirmative action as a fact of life—unless the new Supreme Court gets rid of it, which is not unlikely.

What do I mean when I say we need affirmative action as a form of reparations? I don’t mean that someone who’s African-American or Hispanic should get extra points simply because of their ethnicity. An upper-middle-class African-American, for instance, presumably has about the same advantages and opportunities as those of other ethnicity in their income group, and needs no thumb on the college-admissions scale. Rather, I favor those minorities who were disadvantaged by bigotry and racism in the past, and may not have achieved because of that racism. It’s indisputable that bigotry has held down generations of minorities, and if everyone had equal opportunity, we’d have substantially more equity than now—though perhaps not the degree of equity that people want.

I thus connect ethnicity with class, and there’s no doubt that that’s also true. Thus the race-based affirmative action I’d like to see is also class-based admission. “Why not, then,” you will ask, “don’t you just call for affirmative action based on class?”  Well, I do, but even the impoverished and disadvantaged admitted to schools should, at least for a time, be weighted a bit more towards minorities. There’s something about having elite colleges almost totally lacking some minorities that disgusts me.

Asking for some race-based admission will of course mean lowering standards so long as these minorities perform less well than whites or Asians, and I admit this. I simply ask that all those who are admitted be deemed qualified to succeed at a school and be able to benefit from what a school has to offer. (John McWhorter appears to oppose affirmative action completely, and argues that “not everyone has to go to college”).

We already have affirmative action for other groups: for example older students, veterans, and so on. (I oppose preferential admission for the children of alumni—legacies—or for athletes.) This too may involve lowering formal academic standards, but you also get some students whose experiences may add to the educational experience of their fellow students. So why not throw some disadvantaged minorities into these groups? Wouldn’t their own experiences enrich the learning experience of the entire student body? I’ll admit that I have no evidence that diversity of a class makes for a better learning experience or even more learning, and I seem to recall some counterevidence, but if there’s simply a lack of evidence I’ll stick with my impressions.

Evaluating racial diversity as an inherent educational “good” was one rationale for the U.S. Supreme Court to allow preferential admission of minorities (without quotas) in the Regents of the University of California v. Bakke case (1978). But four of the justices (Marshall, White, Blackmun and Brennan) also wrote “”government may take race into account when it acts not to demean or insult any racial group, but to remedy disadvantages cast on minorities by past racial prejudice”. That is reparations.

Many schools like ours also have “need-blind admissions”, in which students are admitted based on their qualifications alone, and then if there are financial problems the University helps out with scholarships, jobs, and the like. This, however, is not affirmative action, for admission is still based on meritocratic criteria. Any financial disadvantages based on class are rectified after admission.

I throw this question out to readers because it’s a tough one for me. Clearly nobody wants a college in which every student is identical. How can you learn without at least a variety of viewpoints among students? (And that, of course, brings up the question of whether we need politically-based affirmative action!). Does not affirmative action help bring about that diversity, while at the same time trying to rectify historical injustice? Or is rectifying historical injustice not what universities are supposed to be doing? (I could make an argument for that view, too.)

So, weigh in below. Should we have affirmative action for admission to elite secondary schools and to colleges? If so, on what should it be based: race, class, viewpoint, experience, age, or some other criteria?

To me this question is a most important one, for it bears directly on calls for equity that are ubiquitous in America—not just in schools, but in every field of endeavor.

The editor in chief of Science misleads readers into thinking that there is no contradiction between wanting high academic standards and wanting equity

July 11, 2022 • 10:45 am

The article below is by H. Holden Thorpe, who is editor-in-chief of all the Science journals, and it appeared in the most recent issue of the flagship journal Science (reference below). You can read it by clicking on the screenshot, or download the pdf here (both for free).

The point Thorp is making, which is in the title itself, is so palpably false that I can’t believe he doesn’t know he’s deliberately distorting reality for the sake of ideology. This is performative wokeness on a huge scale: almost lying for ideological reasons:

Thorp asserts that improving diversity, presumably by beefing up the number of minority students in schools, does not lower the standards of the school. This, of course, is manifestly false: we all know, and schools know, that to achieve something even close to equity (equal representation of students from all groups), you must lower admissions standards. This is already being done in a big way, through affirmative action and the removal of barriers to admission. The elimination of standardized tests like the SATs is one sign of this. And, according to the Bakke decision, this is perfectly legal, although one cannot have a quota system.

The preferential rejection of Asian and Asian-American students at Harvard, for example, occurred because applying the very high usual admission standards would result in a woefully low percentage of black and Hispanic students. Instead, Harvard, like many other schools, now uses a nebulous form of “holistic” admissions that includes assessing “personality fit”, on which Asians were scored low. This case will make it to the Supreme Court, I suspect, which will probably overturn the decision that Harvard’s practices were legal.

Now I’ve said many times that I do favor a limited form of affirmative action as a form of reparations towards those who didn’t have equal opportunity in the past. So yes, I favor “inclusion,” though not to the extent of either Thorp or many colleges. But I do not pretend that affirmative action, or “inclusion” as it’s called, does not involve lowering standards. It does: the object is not to keep them the same, but to keep the bar at least high enough that people who are qualified to study at a school, or to be promoted to the next grade, are the ones who get in.

In contrast, Thorp recognizes a lack of equity, but doesn’t attribute it to cultural or environmental differences between groups. Instead, he says that it’s the educators’ fault. With the right kind of teaching, Thorp asserts, all students can master scientific material. It just needs a big reform in educational methods. I quote from his article:

It’s common to hear that improving student diversity in higher education requires lowering the bar to admission and watering down the curriculum so that all students can pass the course of study. I’m not aware of anyone who is advocating such a trade-off. [JAC: Of course they are; they’re just silent about it.] There are known methods of teaching that allow more people from different backgrounds to master scientific material without compromising the quality of education. These include a greater use of active learning methods that engage students with course material through discussions and problem solving (as opposed to passively taking in information). Making such reforms may require faculty to learn new ways of teaching. But isn’t that the job—to foster education for everyone?

Another common refrain is that understanding science requires a high degree of skill in mathematics. I’ve heard firsthand from faculty that students can’t pass their classes unless they have previously achieved a high score on standardized tests in math such as the SAT or ACT. That is a breathtakingly pessimistic view. These high scorers are often students who’ve had the opportunities and resources to prepare for pre-college exams, which vast numbers of students have difficulty accessing. Isn’t the whole point of teaching to provide a pathway to achievement?

In the end, Thorp us convinced that the teachers have simply failed the students, most notably in STEM:

Opening the doors to science for everyone requires that faculty learn the most effective methods for teaching a diverse student body. Yes, it’s more work on top of the many other faculty duties, so universities must provide resources to make the adjustments, such as revamping classrooms for active learning, providing time for faculty to redo their curricula, and doing the hard work involved in having the faculty and institution make the cultural changes that students need. And everyone should have more optimism about who can become a scientist.

It’s not the job of faculty and institution of universities to “make the cultural changes” that students need. For if differential achievement is based on different cultures, surely the differences begin making their effects known when children are very young.  Creating equality of opportunity at that time is the job not of universities, but of the government, parents, and society. By the time students get to universities, it’s way too late.

The second of the three paragraphs above assumes that the difference between groups rests on test preparation, but in reality it’s based on a huge difference between groups in culture, background, and environment. (I can’t say anything about group genetics because we have no information on it.). And it’s the teachers’ fault for not finding creative ways to teach math. But in reality, they’ve tried, even using “culturally sensitive math”, but it hasn’t worked.  We don’t yet know what teaching methods can work to bring deprived students up to equity of outcomes. Indeed, even in Kathryn Harden’s book on differential achievement within groups, The Genetic Lottery, although she demands that equity be achieved within whites (she doesn’t deal with different races, but assumes that inequities among white students results from their different genes), she’s at a loss to recommend what changes be made in schooling. (I reviewed her book for the Washington Post.)

The data all show, and I won’t adduce it here for fear of being called names, that schools with selective admissions or a desire to keep equity as students go through school, invariably lower standards to maintain equity. It’s clear that it is impossible not to lower standards in order to increase the representation of a severely underperforming population. Thorp knows this, but has to say otherwise lest he be called a racist. In reality, he should have just kept his gob shut. But Science, like many scientific journals, is engaged in performative editorializing in a big way. 

And, as I said, teachers—our unsung heroes—have been desperate for years to not leave students behind. They’ve tried most everything, to the extent that even Harden can’t think of anything new.  But equity has not been achieved. I don’t think it will until equal opportunity and resources are there from when a newborn is in the cradle. (Do they still have cradles?) And that is going to take a lot more than changing methods of educating students.

Here’s a passage from a new post on Freddie deBoer’s blog, an article called “Education doesn’t work 2.0“. (It’s free, but subscribe if you read him often.} DeBoer doesn’t mention anything about race or ethnicity here; he’s talking about a general lack of malleability of every kid towards education (perhaps only white kids). But many poorly perfoming students are white, too, so unless there is are ethnicity-specific ways of teaching that don’t apply to low achievers among whites, we’re stuck.

DeBoer:

The brute reality is that most kids slot themselves into academic ability bands early in life and stay there throughout schooling. We have a certain natural level of performance, gravitate towards it early on, and are likely to remain in that band relative to peers until our education ends. There is some room for wiggle, and in large populations there are always outliers. But in thousands of years of education humanity has discovered no replicable and reliable means of taking kids from one educational percentile and raising them up into another. Mobility of individual students in quantitative academic metrics relative to their peers over time is far lower than popularly believed. The children identified as the smart kids early in elementary school will, with surprising regularity, maintain that position throughout schooling. Do some kids transcend (or fall from) their early positions? Sure. But the system as a whole is quite static. Most everybody stays in about the same place relative to peers over academic careers. The consequences of this are immense, as it is this relative position, not learning itself, which is rewarded economically and socially in our society.

This phenomenon is relevant to the question of genetic influence on intelligence, but this post is not about that. The evidence of such influence appears strong to me, and opposition to it seems to rely on a kind of Cartesian dualism. However, one need not believe in genetic influence on academic outcomes to recognize the phenomenon I’m describing today. Entirely separate from the debate about genetic influences on academic performance, we cannot dismiss the summative reality of limited educational plasticity and its potentially immense social repercussions. What I’m here to argue today is not about a genetic influence on academic outcomes. I’m here to argue that regardless of the reasons why, most students stay in the same relative academic performance band throughout life, defying all manner of life changes and schooling and policy interventions. We need to work to provide an accounting of this fact, and we need to do so without falling into endorsing a naïve environmentalism that is demonstrably false. And people in education and politics, particularly those who insist education will save us, need to start acknowledging this simple reality. Without communal acceptance that there is such a thing as an individual’s natural level of ability, we cannot have sensible educational policy.

Finally, I’ll give a comment from a colleague who wrote me about the Science editorial:

Not only is Thorp’s claim inconsistent with available data, but he himself resigned as chancellor of UNC because of a scheme that lowered academic standards in the African American Studies department to the point that students were given grades in classes that didn’t exist.

From his Wikipedia article:

“In 2013, Thorp resigned from the position of chancellor amid allegations of widespread academic fraud, which were later outlined in the Wainstein Report. The Wainstein Report describes the findings of an independent investigation conducted by the former federal prosecutor Kenneth Wainstein. It describes abuses spanning over 18 years, which included “no-show” classes that had little to no faculty oversight. Approximately half of those enrolled in these classes were athletes.”

Here is the Wainstein Report:  https://www.documentcloud.org/documents/1344054-full-wainstein-report.html

Thorp’s article doesn’t need much debunking. In five minutes on the Internet you can find how standards for STEM admissions have had to be substantially lowered to increase equity.

DEI statements for hiring: can they be made legal?

May 30, 2022 • 1:30 pm

As you know, DEI (Diversity, Equity, and Inclusion) statements are increasingly required by colleges and universities for both hiring and promotion of faculty. And for a long time my law-school colleague Brian Leiter has argued that they should not be used, as hiring or promotion based on them constitutes illegal “viewpoint discrimination” by deep-sixing candidates that don’t have the “right ideological views.”

Leiter’s most prominent argument against the use of these statements, and one that is cited often, is his piece from the Chronicle of Higher Education (CHE) two years ago, “The Legal Problem with Diversity Statements.” His objection is this:

. . . some universities and departments are using scores on the diversity statement to make the first cuts in faculty searches. That would not be objectionable if it were only a device for weeding out candidates unwilling to work with a diverse student body: The ability to do so obviously goes to the core of a faculty member’s professional duties. The problem is that the new diversity statements go well beyond that, requiring candidates to profess allegiance to a controversial set of moral and political views that have little or no relationship to a faculty member’s pedagogical and scholarly duties.

I agree with him; it’s a form of sneaking ideology into the hiring and promotion process. To succeed we all know what we have to say, and it certainly isn’t “I have and will treat all undergraduates equally, regardless of who they are.” Nevertheless, the requirements for these statements are not only proliferating, but the weeding-out process, used most prominently by the University of California, is being used to cull those who don’t agree with the progressive view of DEI. Even here I’ve heard dark rumors that such statements are being used to cull those with unacceptable ideological views, but I don’t know for sure.

At any rate, there’s a new article in the CHE by Brian Soucek, a law professor at the University of California at Davis, that argues the feasibility of using DEI statements legally. (By so arguing this he admits that there are legal problems with these statements from the get-go, problems like those raised by Leiter.) The problem is that by rendering the statements legal, Soucek also removes the rationale for why many academics really want them: to assure that faculty conform to “a controversial set of moral and political views.”

Click to read:

You can see how the DEI statements must, according to Soucek, be “made legal”: by showing that they don’t violate academic freedom or constitute compelled speech because they do indeed require criteria necessary for a specific academic job. Further requirements for “legalization” mean ensuring that those judgments be made by the relevant scholars, not by administrators or diversity experts. Soucek:

Critics need to do more than point out that faculty are potentially getting judged on their viewpoints. What matters constitutionally is whether the views being judged are relevant to the position in question. One consequence: Prompts and rubrics that look for the same kinds of contributions to diversity no matter the job or discipline are less likely to be constitutional than those better tailored to the position at issue.

And indeed, for most academic jobs, specific commitments to forms of diversity are not relevant. Anything in science, and in most humanities jobs, are off the table; no specific views on diversity are crucial for performing those jobs well.

So who makes the requirements? Soucek:

. . . .So when critics call mandated diversity statements “an affront to academic freedom,” their accusations hit their target if and only if someone other than disciplinary experts are setting the terms by which faculty members are judged. For example, if the rubrics used to evaluate diversity statements are imposed by administrators top-down and university-wide, academic-freedom worries are going to compound the potential viewpoint discrimination concerns that arise when evaluative criteria aren’t tailored to the job at hand.

But of course nearly all such requirements come from the University, and must adhere to University standards and wording, futher rendering the statements irrelevant.

Soucek adds that there’s nothing wrong with compelled speech, and supports that by giving some ludicrous examples that are irrelevant to Leiter’s Constitutional concerns. Soucek:

Critics often say that public universities, bound as they are by the First Amendment, can’t discriminate against students and employees based on their viewpoints. This just isn’t true. Like most professors, I engaged in rampant viewpoint discrimination when I graded my student’s exams this month. (For example, if a First Amendment student expressed the view that viewpoint discrimination is always unconstitutional at public universities, I would lower their grade.) Hiring and tenure review both require judgments by applicants’ disciplinary peers about the quality of the conclusions reached in their scholarly work. And surely when a university hires someone to run an asylum clinic, or to direct its program on entrepreneurship, it can reject an immigration restrictionist for the former search, but not the latter, and favor someone who is pro-capitalism for the latter search, though not the former.

Soucek is a law professor, for crying out loud, and should know the difference between judging someone based on whether they’ve met the criteria for the job (or gotten decent grades) or whether extraneous political views are being tacked on for ideological reasons.

Leiter takes apart Soucek’s article in a short post on his philosophy website Leiter Reports. An excerpt from Leiter’s rebuttal:

Soucek  complains that critics “assum[e] rather than argu[e] that DEI contributions are not part of the job description for most academics,” quoting my observation that diversity has “little or no relationship to a faculty member’s pedagogical and scholarly duties.”  Soucek omits, however, that I was explicitly criticizing Berkeley’s diversity requirement, according to which a job applicant’s diversity statement would get a low score if s/he “describes only activities that are already the expectation of Berkeley faculty (mentoring, treating all students the same regardless of background, etc.).” In other words, Berkeley’s diversity requirement explicitly distinguished a commitment to the diversity ideology from a faculty member’s other pedagogical duties.

Soucek suggests Berkeley and other UC campuses can avoid legal problems as long as diversity requirements represent “criteria experts within the discipline conscientiously judge to be relevant to the job.”  That point would rule out most university requirements of diversity statements, which are administratively imposed.  If different departments can genuinely decide on their own if actions in support of “diversity” (as distinct from the usual pedagogical duties of faculty, such as “treating all students the same regardless of background” as Berkeley put it) are relevant to the job, and if their disciplinary peers at other universities concur, then Soucek may be right that academic freedom protects such a decision.

Suppose, however, members of the economics discipline decided that actions in support of “capitalism” were “relevant to the job.”   Does that mean economics departments at public universities could exclude candidates who do not demonstrate in practice their commitment to capitalism?  One hopes that the courts would see through this pretextual form of viewpoint discrimination.

If you’re in academia, and able to see how these statements are being used, it’s clear that they are aimed at weeding out candidates who don’t conform to progressive Leftist ideology on race or gender (adherence to “structural racism/sexism” and so on).  Needless to say, I agree with Leiter: it only weakens academics when departments in which adherence to a specific DEI requirements are irrelevant are still forced to adhere to those requirements. I’m surprised that the University of California has gotten away with these shenanigans, and I smell a lawsuit approaching from the wings.

A U of C prof and his colleague damn DEI initiatives in Newsweek, comparing such initiatives to the race obsession of Nazi Germany

August 13, 2021 • 9:15 am

This is a sad tale, because academics with an argument to make about diversity have scuppered themselves by comparing diversity, equity, and inclusion initiatives (DEI) in American universities to the “race obsession” of Nazis, which led to the gutting and degradation of German universities before and during World War II. They argue that we are in danger of the same thing because, like Nazis, we’re “obsessed with race”. You can already see the fallacy of that comparison, but I’ll discuss this below.

But let’s back up. Last year one of the big fracases at the University of Chicago was the case of Dorian Abbot, a tenured associate professor in Geophysical Sciences, which I described on November 29. It’s also been recounted by Pamela Paresky in her article for the Foundation for Individual Rights in Education (FIRE): “‘Moral pollution’ at the University of Chicago: The case of Dorian Abbott.”  As I wrote at the time,

. . . . this is a pretty serious conflict between, on the one hand, a professor who takes issue with his department’s policies about diversity and inclusion, and, on the other, students and alumni, who, outraged by the professor’s opinion, have taken steps, in a letter/petition, to get the professor severely punished for expressing his views on YouTube.

The whole issue is concisely summarized by my law-school colleague Brian Leiter on his website Leiter Reports (click on the screenshot):

The (associate) professor is Dr. Dorian Abbot in our Department of Geophysical Sciences, who posted four YouTube videos, with slides, taking issue with some initiatives about diversity and inclusion. His talks emphasized the need for a meritocracy rather than “quotas” of minority applicants, and as well as asserting that it’s not the business of universities to promote social justice. Unfortunately, although I watched the videos earlier, Abbot has taken them down, though his slides are still online [see here,  here, here, and here].

Abbott believes, and still believes (see his Newsweek article below), contra the Zeitgeist, that merit should trump everything in hiring, and one shouldn’t give extra preference to candidates based on sex, gender, or ethnicity.  I disagree with him to some extent in that I think we should give some advantage to groups previously handicapped by these factors—not because there is an inherent academic quality conferred by diversity itself (i.e., different “ways of knowing”), but as a form of reparations for previous bigoted behavior. That is, I accept a limited form of affirmative action. Abbott did not and does not. Ultimately, though, we need deep and expensive and laborious social intervention to give everyone equal opportunity from birth. That is the only long-term solution to assuring equality.

One can disagree on this (for example, how long should affirmative action last?), but that doesn’t matter. The point is that one should be able to debate these issues, particularly on the University of Chicago campus where freedom of speech trumps just about everything.

Sadly, Abbott didn’t get his debate, which he wanted, but rather outrage from his department and calls for punishment.  Here’s more from what I wrote:

Have a look especially at the letter to Abbot’s department from 162 people affiliated with the University of Chicago and Geophysical Sciences (their names are unfortunately blacked out, though I think signers should make their names public). The letter demands all kinds of accounting and punishments for what Abbot did.  These including giving Abbot’s graduate and undergraduate students a way to opt out of his mentorship and teaching, making a departmental statement that Abbot’s videos were “unsubstantiated, inappropriate, and harmful to department members and climate” (the exact “harm” that occurred isn’t specified), and measures like this:

[The department should] Implement accountability measures to address patterns of bigoted behaviour in both the department’s hiring/promotion/tenure process and teaching opportunities. For example, faculty who persistently engage in bigoted behaviour should be prevented from taking on teaching roles, new graduate students/post-docs/staff, and committee responsibilities.

This being the University of Chicago, the President, Bob Zimmer, refused to countenance any of these punishments, as Abbott was merely exercising his right to give a public opinion. So Abbott wasn’t officially punished, though he may have been shunned by faculty and students in his department.  And even this resolution leaves something wanting, for, as Paresky says in her FIRE piece:

President Robert J. Zimmer is peerless in his staunch advocacy for a culture “where novel and even controversial ideas can be proposed, tested and debated.” The Chicago Principles (also referred to as the Chicago Statement) have been adopted in some form by more than 75 colleges and universities, largely with the help of FIRE. But if students and newly minted PhDs even at the University of Chicago ask the administration to sanction a professor whose ideas they believe “undermine Equity, Diversity, and Inclusion initiatives,” and even feel unsafe because his views run contrary to the prevailing view on campus, it demonstrates that even the most robust protections offered by a university administration are not enough. It takes more than just administrative leadership to create what Zimmer calls “an environment that promotes free expression and the open exchange of ideas, ensuring that difficult questions are asked and that diverse and challenging perspectives are considered.”

Abbot’s own account of the controversy can be found here. Note that he isn’t completely opposed to all DEI efforts, feeling that if there is implicit bias (something almost impossible to ascertain), it should be rooted out, and also supports expanding applicant pools, as do I—not because different groups have different “ways of knowing,” but because the bigger the applicant pool, the greater the chance of getting more talent and letting people know their applications are welcome. However, he also damned himself to the woke by adding this (from his statement):

I also strongly support expanding applicant pools as much as possible. I believe that diversity is healthy and good for a university because it tends to lead to more perspectives and debate that fully explores intellectual issues. That said, I would tend to emphasize a larger variety of types of diversity, including political, religious, and viewpoint diversity, than are currently being emphasized in most DEI efforts. What I am against is setting up systems where group membership is a primary aspect of a candidate’s evaluation.

Abbot, along with co-author Ivan Marinovic (an associate professor of accounting at Stanford Graduate School of Business) are courting further disapprobation by publishing a piece in yesterday’s Newsweek that basically says that merit must always trump diversity and inclusion. (Newsweek, of course, is on the Right; no left-wing venue would publish a piece like this. Click on screenshot to read:

Here’s a short summary of their point:

DEI violates the ethical and legal principle of equal treatment. It entails treating people as members of a group rather than as individuals, repeating the mistake that made possible the atrocities of the 20th century. It requires being willing to tell an applicant “I will ignore your merits and qualifications and deny you admission because you belong to the wrong group, and I have defined a more important social objective that justifies doing so.” It treats persons as merely means to an end, giving primacy to a statistic over the individuality of a human being.

DEI compromises the university’s mission. The core business of the university is the search for truth. A university’s intellectual environment depends fundamentally on its commitment to hiring the most talented and best trained minds: any departure from this commitment must come at the expense of academic excellence, and ultimately will compromise the university’s contribution to society. This point is particularly urgent given that DEI considerations often reduce the pool of truly eligible candidates by a factor of two or more.

It’s certainly true that if one hews to traditional considerations of merit, then yes, taking non-meritocratic factors into account will mean hiring candidates that are less academically “meritorious”. But, as I’ve emphasized, if there was a history of non-hiring based on sex and ethnicity, then there will be an underrepresentation of some groups, and, in my “reparations” view, one can start opening the door to more people by a bit of affirmative action, ensuring, of course, that hired faculty and accepted students are qualified for the position. (You would not, for example, hire at the expense of a serious reduction of merit.) Although we still have few blacks in evolutionary biology and ecology, the trend to hire women has been salubrious, for the performance of women faculty, a large and important part of our own department, shows that previous biases against them were misguided, and some preferential hiring to get the ball rolling was a good thing. It was such a good thing that we’re now at the point where the ball is rolling on its own.

Abbot and Marinovic also cite a recent Pew Poll showing that most Americans, while favoring diversity and its promotion, don’t think it should be taken into account in hiring and promotion. That is, most Americans seem to favor meritocracy, even if it erodes diversity. Here are the data from Pew:

But an issue like this is not one that should depend on the results of polls; it is an ethical issue, and a complicated one.

At any rate, the authors propose an alternative strategy:

We propose an alternative framework called Merit, Fairness, and Equality (MFE) whereby university applicants are treated as individuals and evaluated through a rigorous and unbiased process based on their merit and qualifications alone. Crucially, this would mean an end to legacy and athletic admission advantages, which significantly favor white applicants, in addition to those based on group membership. Simultaneously, MFE would involve universities investing in education projects in neighborhoods where public education is failing to help children from those areas compete. These projects would be evidence-based and non-ideological, testing a variety of different options such as increased public school funding, charter schools and voucher programs.

I of course am also against legacy and athletic admissions, which are done for pecuniary rather than academic reasons, but I still retain a tentative hold on some forms of preferential hiring based on group membership. That is not a “quota” system, but gives some weight to group membership. It simply does not redound to academia or its history to have all-white departments, or departments in which people from Spain are forced to count as “people of color” to maintain the fiction of diversity.

Sadly, at the end, Abbot and Marinkovic sabotage their entire program by comparing American DEI initiatives and their “obsession with race” with another regime, also “obsessed with race”, whose obsession destroyed academia in that country. Yes, it was the Nazis. The authors play the Hitler card! That is a really bad move, and one that undercuts their thesis, since the comparison is not at all valid, if for no other reason that the “obsession with race” went in the opposite direction in Germany: they wanted less diversity. By getting rid of a previously oppressed group (Jewish professors), they lost a huge amount of talent. But DEI initiatives in the U.S. are not trying to get rid of oppressed groups; they’re trying to include them. Whether that will affect academic quality is debatable, but the histories are not at all comparable.

But here: see for yourself. Had I seen this op-ed, I would have said, “For crying out loud, take out this damn paragraph!”:

Ninety years ago Germany had the best universities in the world. Then an ideological regime obsessed with race came to power and drove many of the best scholars out, gutting the faculties and leading to sustained decay that German universities never fully recovered from. We should view this as a warning of the consequences of viewing group membership as more important than merit, and correct our course before it is too late.

Oy gewalt!

h/t: Cate

The Equity/Bias Fallacy

February 3, 2021 • 9:00 am

The claim I’ll discuss here is so common, but so clearly fallacious, that it deserves a name. So far I haven’t seen it given a name, so I’ll tentatively call it the “Equity/Bias Fallacy.”  Before I define it, I’ll say that I define “equity” as “representation of groups in an organization in the same proportions that they occur in the general population.” (“Inequities“, of course, reflect differences between observed proportions in a population and their occurrence within organizations or groups.)

And I define “equality” as “equality of opportunity”. (One could also define it as “equality under the law”, but in this case opportunity is more germane.)  But the exact definitions don’t matter that much, for the issue is identifying why there is disproportional representation of groups in colleges, firms, academic departments and so on. These disproportions usually take the form of minority groups or oppressed groups (races, sexes, and so on) represented in smaller proportions within organizations than in the general population.

Here’s the fallacy:

If equity isn’t achieved in an organization, it means that bigotry from that organization was responsible.

or, to put it in a longer but less jargon-y way,

If groups within an organization  do not occur in the same proportions that they occur
within the general population, one can assume that there is bigotry in the organization itself.

or to put the fallacy in a simple equation:

Inequities = Existing bigotry (immediate lack of equality)

This fallacy will hold so long as there are causes of inequities in organizations other than bigotry within those organizations.

And of course we know that this is the case. There are differences in preference that may be due to sex or culture (and yes, the “cultural preferences” could reflect bigotry of society in the past or present, but not of the organization showing inequities); or to different opportunities afforded different groups starting at an early age (for example, poor schooling available to minority groups); or to socioeconomic class differences correlated with group membership that make some career options more or less appealing. Some have imputed differences in childhood environments, due, say, to family integrity, as a cause of differential achievement. All of these factors affecting opportunity can be due to historical factors as well as current bigotry, and all can create inequalities early in life whose results persist throughout life because they “tilt the playing field.”

If one takes inequity as a datum that requires scientific explanation, then, the presence of alternative causal hypotheses means that none can automatically be assumed to be true. No explanation can be the default option, as bigotry seems to have become. In fact, it’s nearly taboo to even mention any “cause” other than current and immediate bigotry.

Why is it important to recognize this fallacy? That’s easy: if you want to remedy inequities, you have to know why they exist in the first place. If you automatically assume there’s bigotry in an organization such as the National Institutes of Health (I’ll post on this tomorrow), then you may spend a lot of time and money trying to weed out biases that may not exist. Alternatively, if bigotry does exist and is a cause of inequity, you need to establish that before fixing it.

Finally, if inequities in, say, groups of scientists are the product not of bigotry within those groups, but of unequal educational opportunities starting in grade school, it does no good to accuse those organizations of bigotry when the real cause lies way earlier down the line. Fixes in that case would involve creating and funding greater opportunities for underrepresented groups beginning at the very start of life. The hard-to-enact but necessary promotion of true equality of opportunity, essential in a democracy, can also be combined with affirmative action—a mechanism that creates greater equity in organizations that aren’t themselves rife with bigotry.

h/t: Luana