Universities' Race-Based Hiring Policies Are Present Injustices Meant To Fix Past Ones

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Leroy N. Soetoro

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Oct 8, 2022, 3:41:02 PM10/8/22
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https://thefederalist.com/2022/09/22/universities-race-based-hiring-
policies-are-present-injustices-meant-to-fix-past-ones/

A lawsuit claims that Texas A&M University violates federal law by openly
discriminating against white and Asian male teaching candidates.

Richard Lowery, a professor at the University of Texas at Austin, has sued
the Texas A&M University System over what he says are discriminatory
hiring policies for faculty.

The class-action complaint was filed in the Houston Division of the
Southern District of Texas by America First Legal (AFL) — a nonprofit
group founded by Stephen Miller, a former senior advisor to President
Donald Trump — on behalf of Lowery. It claims that the university, along
with nearly every university in the United States of America, is violating
federal law by openly discriminating against white and Asian male teaching
candidates.

In July, the Office for Diversity at Texas A&M allegedly sent a memo
stating that $2 million in funds would be allocated to the “Plus” version
of the Accountability, Climate, Equity and Scholarship (ACES) Faculty
Fellows Program and used to provide salaries and benefits to “new mid-
career and senior tenure-track hires from underrepresented minority
groups, that contribute to moving the structural composition of our
faculty towards parity with that of the State of Texas.”

What exactly does that mean? The memo went on to define “underrepresented
minority groups” as “African Americans, Hispanic/Latino Americans, Native
Americans, Alaskan Natives, and Native Hawaiians.” In other words, the
school allegedly set aside funds for candidates of favored racial groups,
denying those very same funds to qualified candidates of disfavored racial
groups.

“Texas A&M’s proclaimed goal of establishing a faculty whose racial
composition attains ‘parity with that of the state of Texas’ seeks to
achieve racial balancing, which is flatly illegal under Title VI and the
binding precedent of the Supreme Court,” the lawsuit argues.

Also cited in the complaint is an August email exchange allegedly showing
that Texas A&M unlawfully established “faculty-hiring lines that are
reserved exclusively” for females or non-Asian minorities. Again, the
lawsuit claims this violates Title VI and Title IX of the Civil Rights Act
— which clearly prohibit universities that receive federal funding from
discriminating on the basis of race or sex — as well as the 14th
Amendment’s Equal Protection Clause.

Discrimination Celebrated by the Left
Of course, prima facie discrimination is not only justified but fervently
celebrated by the woke left in 2022. According to its website, the Office
for Diversity’s mission is to provide “leadership and support to the
academic and administrative units as they embed diversity, equity, and
inclusion (DEI) in academic and institutional excellence.” Put another
way, “embedding” this overtly racist ideology within the university system
is the entire goal of the office.

“These discriminatory, illegal, and anti-meritocratic practices have been
egged on by woke ideologues who populate the so-called diversity, equity,
and inclusion offices at public and private universities throughout the
United States. The existence of these offices is subverting meritocracy
and encouraging wholesale violations of civil-rights laws throughout our
nation’s university system,” the lawsuit argues. Some prominent legal
experts agree with this assessment.

University of California at Berkeley Law Professor John Yoo says Lowery
and AFL appear to have a strong case against Texas A&M:

The Supreme Court’s diversity rationale for the use of race in university
admissions for students is a limited exception to the general rule that
the Constitution prohibits government from using skin color in its
decisions and policies. Here, Texas A&M is flatly using race in
considering the hiring and compensation of faculty. It is flatly
unconstitutional and the university should lose in court.

Potentially Landmark Case
In the past year, AFL has scored several legal victories over the Biden
administration and what Miller describes as the “woke cult.” This
potentially landmark case could have massive implications for DEI policies
throughout American academia and the immoral, illogical idea that
injustices from the past are somehow remedied by injustices in the
present.

“Texas A&M is hiring — and excluding — professors solely due to the
physical appearance of their skin or the ancestry of their family tree.
This is vile and outrageous,” Miller said in a statement. “Our lawsuit
will send tremors through our corrupt institutions of ‘higher learning’
making clear that racial discrimination will be met with righteous legal
action in our courts of law.”

Lowery is asking the court to permanently enjoin Texas A&M from
considering race or sex in the hiring, promotion, or compensation of its
faculty and to appoint a court monitor to ensure all decisions relating to
employment at the university are free from race or sex discrimination.


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