Anti-DEI Legislation and Anticipatory Compliance in Faculty Hiring at Public Colleges and Universities

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Abstract

State-level anti-DEI (diversity, equity, and inclusion) bills, which have been introduced in 32 states, aim to close off avenues through which many underrepresented scholars have been hired. These bills signal a shift in the local political climate, pressuring public colleges and universities to realign their priorities in anticipation of future legal changes. Using federal data on new postsecondary hires, we find that the introduction of early anti-DEI legislation was followed by a substantial decline in the share of faculty hires from marginalized groups and an increase in the share of White men, even before bills were signed into law. This shift was most pronounced at schools highly dependent on state funding and at teaching-oriented schools. Our findings suggest that “anticipatory compliance” with political intervention varies depending on organizational revenue streams and the local regulatory environment.

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