‘Race based scholarships’ are ‘unlawful’: DOJ memo – The College Fix
Department of Justice warns colleges they could face legal trouble if they discriminate on the basis of race.
“Race based scholarships,” “preferential hiring,” and other DEI initiatives are “unlawful practices,” the Department of Justice warned in a recent memo.
The Wednesday memo “clarifies that federal antidiscrimination laws apply to programs or initiatives that involve discriminatory practices, including those labeled as Diversity, Equity, and Inclusion (‘DEI’) programs,” according to a news release.
Much of the memo specifically focuses on education policies that are “unlawful” or may be.
The memo lists several examples of “unlawful practices.”
“A university’s DEI program establishes a scholarship fund exclusively for students of a specific racial group (e.g., “Black Student Excellence Scholarship”) and excludes otherwise qualified applicants of other races, even if they meet academic or financial need criteria,” the memo states. “This extends to any race-exclusive opportunities, such as internships, mentorship programs, or leadership initiatives that reserve spots for specific racial groups, regardless of intent to promote diversity.”
“Preferential hiring” for “underrepresented groups,” as well as promoting on the basis of these characteristics is also illegal.
Similarly, a “safe space” or “lounge” that excludes on the basis of race would also violate the law.
The Dept. of Justice also warned about using “proxies” for illegal discrimination, including “diversity statements” and “cultural competence requirements”
A DEI training can also be unlawful when it “[c]reates an objectively hostile environment through severe or pervasive use of presentations, videos, and other workplace training materials that single out, demean, or stereotype individuals based on protected characteristics.”
Attorney General Pam Bondi provided further comment in a news release.
“This Department of Justice will not stand by while recipients of federal funds engage in illegal discrimination,” Bondi stated. “This guidance will ensure we are serving the American people and not ideological agendas.”
The examples provided by the DOJ mirror numerous programs covered by The College Fix over the years.
Yesterday, The Fix reported on a “Black Scholars Matter” program at California State University Northridge, which excludes people on the basis of race and provides special benefits like financial aid.
Civil rights experts told The Fix the program violated the law.
“If the university is making that financial aid available only to students based on their race, it is violating the law,” University of San Diego law Professor Gail Heriot said.
“Whenever students of one race receive benefits that are not available to students of other races at a California public university, it’s a violation of the part of the California Constitution put there by Proposition 209,” the United States Civil Rights commissioner also said.
MORE: Harvard disputes claim its law review discriminates on basis of race
IMAGE CAPTION AND CREDIT: Pam Bondi testifies in front of the Senate Judiciary Committee; U.S. Senate Judiciary Committee
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