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Cornell University

Gail Heriot — Why We Walk on Eggshells

“Talking about race and sex has never been easy, but unintended consequences of the Civil Rights Act of 1991 made the problem dramatically worse,” says Gail Heriot, a long-time member of the U.S. Commission on Civil Rights. One provision of the law made harassment lawsuits much more financially lucrative than they had previously been. When employers set about minimizing their risk, a new industry arose to help prevent racial or sexual harassment lawsuits and to train employees in “diversity, equity, and inclusion.”

Heriot argues that the training rapidly became censorious and a predictable social dynamic followed. When ideas that ordinary people see as far fetched or threatening can’t be challenged in polite society, two things inevitably happen: the ideas become more extreme (e.g., that minimum-wage janitors at WalMart should check their white privilege), and they invite a backlash. “What follows The Age of Wokeness,” she says, “is The Age of Trump.

The talk is free and open to the general public. It will also be live-streamed; register to participate via Zoom here.

A recently retired law professor from the University of San Diego, Heriot’s areas of expertise include civil rights, employment law, product liability, remedies and torts. She is a prolific writer in the area of civil rights and the editor (along with Maimon Schwarzschild) of the 2021 anthology, A Dubious Expediency: How Race Preferences Damage Higher Education. Her scholarly work has appeared in legal journals like the Michigan Law Review, the Virginia Law Review, and the Harvard Journal on Legislation. Her writings for a general audience have appeared in the Wall Street Journal, the San Diego Union-Tribune, National Review and many other newspapers and magazines. She is also the chairman of the board of the American Civil Rights Project and the chair emeritus of the Civil Rights practice group at the Federalist Society for Law & Public Policy.

“Why We Walk on Eggshells” is being presented thanks to the generous support of Michael J. Millette ’87 and the Millette family as well as that of the Triad Foundation and other donors.

Start Date: December 8, 2025
Start Time: 5:30 pm
End Time: 7:00 pm
Location: Statler Hall
Room: 198
Contact Email: dag266@cornell.edu