Just published as part of the "Non-Governmental Restrictions on Free Speech" symposium; here's the start of the Introduction and the Conclusion (the article is here):
The political cultures of some private universities and corporations are criticized as intolerant. There is a dominant political ideology, the thought goes, and those who hold it are intolerant of others who hold different views. One form of alleged intolerance is political discrimination in hiring and promotion: Those known to hold contrary views are not hired or promoted for this reason. But what is the virtue of tolerance and what attitude toward those who disagree with us does it require? Here I appeal to Scanlon's account of tolerance in order to identify a relatively clear sense in which political discrimination in hiring and promotion is intolerant, and to identify some bad things about it. It does not follow, however, that this kind of intolerance violates anyone's rights or that it should be illegal. So although this essay identifies a sense in which political discrimination in hiring and promotion is intolerant, it leaves questions of permissibility unanswered.
Central to the question of political intolerance on campus and in the workplace is disagreement about racial and gender proportionality as a social goal. This goal is that the proportion of faculty and students at private universities who are nonwhite or female and the proportion of corporate officers and managers at private companies who are nonwhite or female roughly matches the proportion of nonwhites and females in the general population. Is it a serious institutional failing if, compared to the general population, university faculty and corporate officers and managers are disproportionately white or male? Those committed to diversity, equity and inclusion—as the slogan goes—believe this is a serious failing urgently in need of being addressed. Others disagree. For convenience I refer to the first group as "DEI advocates" and to the second group as "DEI nonadvocates." A charge of intolerance might be directed at DEI advocates on the grounds that they discriminate in hiring and promotion against nonadvocates. Imagine, then, that you are a DEI advocate. What attitude toward nonadvocates in hiring and promotion does the virtue of tolerance require of you?
