In the NERA Brief “Discrimination or Reverse Discrimination? It’s an Empirical Question,” Ling Ling Ang and Elizabeth Newlon examine, from an economic and statistical viewpoint, the increasing focus on reverse discrimination claims in the wake of two recent executive orders addressing federal and private DEI programs and initiatives. Dr. Ang and Dr. Newlon explore recent developments, commonality in econometric techniques for evaluating discrimination and reverse discrimination, and fundamental economic reasons why discriminating is not efficient. 

Reverse discrimination cases involving claims of individuals in majority groups being discriminated against are the subject of increasing focus from federal agencies, with executive orders potentially triggering a wave of federal inquiries and lawsuits targeting alleged discriminatory DEI strategies and practices within private companies. Both the Ames v. Ohio Dept. of Youth Services case before the Supreme Court and a reverse discrimination case the Missouri attorney general brought against Starbucks also serve as examples of current litigation related to reverse discrimination.