Color-evasive Repression: DEI Rollbacks and the Logic of Legitimation

• In Event: Navigating the Politics of Retrenchment in Higher Education: Four Senior Scholars Reflect B(l)ack

Abstract

In 1988, legal scholar Kimberlé Crenshaw authored the seminal article, “Race, Reform, and Retrenchment: Transformation and Legitimation in Antidiscrimination Law,” in which she incisively critiques the ideological underpinnings of antidiscrimination law in the United States. Crenshaw argues that the formalization of color-evasive legal frameworks—those that purport to be neutral or “colorblind”—ultimately serve to legitimize and reinforce existing patterns of racial subordination. Even as reform efforts emerge with the stated goal of dismantling systemic racism, they often manifest as symbolic gestures or temporary interventions, failing to disrupt the deeper structures of inequality. This cyclical dynamic, where progress is followed by backlash, is vividly illustrated in contemporary legislative and administrative actions: from state-level bans on Diversity, Equity, and Inclusion (DEI) initiatives in hiring and funding, to federal memos that declare race-conscious practices unlawful. These developments echo the historical retrenchment Crenshaw identified, where the promise of transformation is undermined by the logic of legitimation. This presentation will explore how Crenshaw’s insistence on exposing hegemonic legal ideologies provides a powerful lens for analyzing the current political assault on DEI, particularly within American higher education institutions. By engaging Crenshaw’s conceptual framework, the presenter will demonstrate how contemporary antipathy toward racial equity has been repackaged and obscured through ostensibly neutral policies—policies that claim to combat “reverse discrimination” while instituting new forms of exclusion. These tactics, cloaked in the rhetoric of fairness and neutrality, serve to entrench existing hierarchies under the guise of reform. Applying Crenshaw’s analytical schema of transformation versus legitimation reveals how higher education functions as both a site of structural resistance and a battleground for ideological contestation. The erosion of DEI efforts within colleges and universities not only reflects broader sociopolitical trends but also results in tangible adverse impacts on minoritized groups. Through this critical engagement, the presentation underscores the enduring relevance of Crenshaw’s work and calls for a renewed commitment to transformative justice in educational policy and practice.

Author

• Eboni M. Zamani-Gallaher, University of Pittsburgh