Saturday, August 15, 2026

The Origins of Woke: Civil Rights Law, Corporate America, and the Triumph of Identity Politics

The Origins of Woke: Civil Rights Law, Corporate America, and the Triumph of Identity Politics by Richard Hanania

The origins of woke is a case study in unintended consequences. What started out as civil rights legislation to end Jim Crow segregation in the south ended up encompassing many more "rights" and "identities". Many groups exist only because of the regulations. The many groups lumped together in "Hispanic" have little in common other than the Spanish language. (And even that can be very different.) However, they are combined together into the "Hispanic" classification. New identities have sprung up. Many more people have disabilities. Trial lawyers have become some of the greatest beneficiaries. Should they win against companies, they can collect fees. If they lose, the company cannot collect legal fees. Thus, companies are often willing to settle even somewhat frivolous cases.

Title IX is a bizarre case of unintended consequences on top of others. Original protection for women was added to civil rights legislation an attempt to scuttle it. It stayed. Then later through judicial fiat, equity of roster spots was required in college sports. It did not matter if women wanted to compete or not. (In fact, cheerleading was declared not a sport, despite it being something that women wanted.) A strict equality was enforced and many men's sports were dropped. Interestingly, this was applied to sports, yet not academic or arts programs. (Perhaps they were prescient in guessing how sports would dominate society.)

Judges are not the only ones to expand the definition. There are many executive orders that apply to policies for government contractors. There are no quotas, but many things that might as well be quotas. It is expected that people match their local population that can be even worse than quotas. There is a lot of "good intentions" in much of the policies. However, it has resulted in a whole "human resources" industry that is now dependent on the existing policies. There has been an industry built up around the policies making them difficult to take away without sound heartless. Yet the policies provide more difficult than benefit. The solution is hard to find.



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