Skip to content
Search

Latest Stories

Follow Us:
Top Stories

The Myth of Colorblind Fairness

“Social network discrimination” reveals how race-blind rules reinforce inequality

Opinion

The Myth of Colorblind Fairness

U.S. Supreme Court

Photo by mana5280 on Unsplash

Two years after the Supreme Court banned race-conscious college admissions in Students for Fair Admissions, universities are scrambling to maintain diversity through “race-neutral” alternatives they believe will be inherently fair. New economic research reveals that colorblind policies may systematically create inequality in ways more pervasive than even the notorious “old boy” network.

The “old boy” network, as its name suggests, is nothing new—evoking smoky cigar lounges or golf courses where business ties are formed, careers are launched, and those not invited are left behind. Opportunity reproduces itself, passed down like an inheritance if you belong to the “right” group. The old boy network is not the only example of how a social network can discriminate. In fact, my research shows it may not even be the best one. And how social networks discriminate completely changes the debate about diversity.


This debate has been shaped by a widely held assumption that “colorblind” policies are inherently fair. Conservatives, or those on the political right, have long argued that race-neutral or colorblind policies will bring us closer to meritocracy by promoting individual merit. In contrast, those on the political left often argue for more equality.

But what if we had both? What if we had full equality between racial groups and fully colorblind policies? Would outcomes then be fair? According to my recent economics research in the peer-reviewed Journal of Law and Economics, the answer to this question is no: under fully colorblind policies, outcomes over time would not be fair.

Consider a simple employment example with full equality between majority and minority workers and colorblind hiring. Workers have equal qualifications, the company does not use race in hiring, and initial hiring is fair. Since 1/3 of the population is minority, 1/3 of employees are also minorities.

Suppose each employee interacts with the same group of, let’s say, nine prospective job applicants and makes referrals to their company based on the social connections they form. This is common practice in the U.S., where companies rely on referrals in making hiring decisions. Research shows that referrals help companies because trusted employees may be more likely to identify others who could also become trusted employees someday.

Research also shows that people are more likely to form social connections with other people with whom they share more characteristics—this phenomenon is called homophily, aka "birds of a feather flock together.” Studies have found that race and ethnicity have the greatest influence on homophily in the U.S. So, suppose homophily is also equal between majority/minority groups. Since homophily is equal, let’s say for each 1-on-1 social interaction, there is always a two-thirds chance of forming a social connection if people are of the same majority or minority group, and a one-third chance of forming a social connection if people are of different groups.

HOW SOCIAL NETWORKS CREATE INEQUALITY

Resources on social network discrimination: Northwestern University Policy Brief | Explainer Video



From this scenario, one can calculate that the two employees in the majority group each form 5 social connections (4 with majority applicants and 1 with a minority applicant). The one minority employee forms four social connections (2 with majority applicants and 2 with minority applicants). That means 4 total social connections are with minority applicants out of a total of 14 (which is less than 29%).

Yet minorities are over 33% of the population since they are 1 out of 3 people. So, as this example shows, there will be disproportionately fewer social connections (and job referrals) for minorities despite both groups starting off equal and the company using fully colorblind hiring policies. This disparity I call social network discrimination—a term I coined that captures how minorities can receive disproportionately fewer economic and social opportunities simply because their social group is smaller. This isn't just theoretical—using real-world social network data, I find this creates meaningful economic disparities even when starting from perfect equality.

Granted, the example above relates to referrals and employment. Yet social network discrimination can apply to many other settings where opportunity is impacted by social interactions—for example, between Class A and Class B on a college campus. The very nature of college admissions—which involves university officials manufacturing an immersive academic and social community for years during a formative stage of life—inherently creates for many people the foundational network of lifelong personal and professional social connections. Students often learn about internships through dorm conversations, form study groups with peers, or hear about post-graduate options from friends. In other words, opportunities while still in school and afterward are often based on these social networks—who you know telling you information on what you need to know. And due to social network discrimination, minorities may have less access to opportunity, all else equal. This means universities implementing “race-neutral” admissions policies may inadvertently be creating the very unfairness they’re trying to avoid—even according to definitions of “merit” held by many political conservatives.

The present Supreme Court is predominantly conservative, so the law will likely increasingly be interpreted to promote even greater colorblindness. Yet, becoming aware of social network discrimination leads to uncomfortable truths for both the political right and the political left. For those on the political left, social network discrimination highlights that even if historical injustices were remedied, disparities might still naturally develop over time between groups. For those on the political right, social network discrimination shows that colorblindness does not create a true meritocracy. And for all of us, social network discrimination reveals that creating a fair society requires confronting race, not ignoring it.

A version of this article was first published by the Chicago Tribune on September 28, 2025.

Chika Okafor, Ph.D., is an Assistant Professor of Law at Northwestern University and a Faculty Fellow at the Northwestern Institute for Policy Research. He has dual courtesy appointments as an Assistant Professor in the Department of Economics and in the Kellogg School of Management.


Read More

Mutual Surveillance?: The History and Consequences of the Treaty on Open Skies

American flag on a military uniform

adamkaz/Getty Images

Mutual Surveillance?: The History and Consequences of the Treaty on Open Skies

This nonpartisan policy brief, written by an ACE fellow, is republished by The Fulcrum as part of our partnership with the Alliance for Civic Engagement and our NextGen initiative — elevating student voices, strengthening civic education, and helping readers better understand democracy and public policy.

Key Takeaways

Keep ReadingShow less
White marble exterior of the United States Capitol, often called the Capitol Building, is the home of the United States Congress and the seat of the legislative branch of the U.S. federal government

This week's congressional agenda includes anti-fraud legislation, ICE funding, FISA Section 702 renewal debates, and major committee hearings.

Richard Sharrocks / Getty Images

Fraud, Funding, and FISA

Fraud

This week in the House is Fraud Week based on the large number of bills likely to receive a vote that in some way are intended to decrease or eliminate many different kinds of fraud. Example bills up for a vote include:

Funding

One bill will likely become law this week if it passes the House:

Keep ReadingShow less
Anti-gerrymandering sign

Florida's new congressional map, the Supreme Court's Callais decision, and challenges to voting rights protections raise urgent questions about redistricting, representation, and democratic accountability.

Bill Clark/Getty Images

Florida’s New Map and the Shrinking Window for Accountability

When the Lines Began Moving Faster Than the Law

On May 4, Governor Ron DeSantis signed Florida’s new congressional map into law. The Legislature had passed it five days earlier, 83 to 28 in the House and 21 to 17 in the Senate. The map redraws four districts in ways that election analysts project would shift them from competitive or Democratic-leaning to safe Republican, potentially expanding a delegation Republicans already control 20 to 8.

The same day the Legislature voted, the Supreme Court decided Louisiana v. Callais. The Court ruled 6 to 3 that Louisiana’s majority-minority district could not survive Equal Protection scrutiny under the standards applied by the majority. In her dissent, Justice Elena Kagan wrote that the ruling “renders Section 2 all but a dead letter” in redistricting.

Keep ReadingShow less
The dome of the United States Capitol Building in Washington, D.C., stands tall against a blue sky with the American flag waving proudly

A look at this week's congressional agenda, including House votes on Iran, Ukraine, FISA, appropriations, and key legislative priorities.

Getty Images, aire images

Legislative Preview for June 1, 2026

There will be plenty of coverage around the likely drama involved in picking up where House and Senate Republicans left off before this most recent week off. (For a recap, see our last post.) So we’re not going to go into any detail about what might happen with the reconciliation bill (originally only for two departments in the Department of Homeland Security; now enlarged with funding for the President’s ballroom project and overshadowed by the announcement of the President’s plan to pay off political allies with funds from the Department of Justice) or the FISA extension or the housing bill that’s been pingponging between chambers because you can read in sources like Politico about these marquee issue.

We will note that the Iran War resolution postponed in the House before the recess may be up for a vote this week, along with a resolution to remove US troops from Lebanon and a discharge petition (number 8) to put forward a bill authorizing support for Ukraine. Three privileged resolutions, of which one is a discharge petition (meaning it has 218 co-sponsors meaning at least a few House Republican co-sponsors), is a lot for one week. Especially when all three are expressing opposition to various administration stances and might get some House Republican votes.

Keep ReadingShow less