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Understanding the Construction of Compliance with Anti-"DEI" Legislation

Despite documented harms of anti-“DEI” laws, little is known about the mechanisms that shape implementation to give these laws expanded and suppressive meaning. Guided by legal mobilization theory and repressive legalism, we examine how institutional actors implement legislation restricting diversity, equity, and inclusion initiatives at a public university. Findings reveal a three-phase implementation process shaped by legal ambiguity and external threats that give the law its meaning, extending beyond its text to advance its “spirit.” We show how anticipatory appeasement, managerial processes, and race-evasive norms create the conditions for repressive legalism to generate a suppressive form of compliance that normalizes restrictions on permissible activities. We discuss implications for equity, institutional autonomy, and higher education’s mission to serve the public good.

Keywords
equity, diversity, higher education, legislation, compliance
Education level
Document Object Identifier (DOI)
10.26300/wkdb-4k52
EdWorkingPaper suggested citation:
Pedota, Jackie, Liliana M. Garces, Eliza Morse Bentley Epstein, Nicole Cruz Ngaosi, and Noor Khalayleh. (). Understanding the Construction of Compliance with Anti-"DEI" Legislation. (EdWorkingPaper: -1463). Retrieved from Annenberg Institute at Brown University: https://doi.org/10.26300/wkdb-4k52

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