[Story written by Jacob Lehrer]

Texas A&M is facing a class-action lawsuit against their affirmative action based hiring practices for faculty positions. America First Legal (AFL), the non-profit legal firm suing the University, claims that A&M’s hiring practices to expand diversity among faculty violates federal law against discrimination.

“Federal law prohibits universities that accept federal funds from discriminating on account of race or sex…The Texas A&M University System is flouting these requirements by using race and sex preferences in faculty hiring and compensation—a practice that violates the clear and unequivocal text of Title VI and Title IX, as well as the Equal Protection Clause of the Fourteenth Amendment,” says AFL.

The defendants in the lawsuit are the Vice President/Associate Provost, the Vice President for Faculty Affairs, and the Board of Regents. In the lawsuit, AFL points out that Texas A&M is selecting professors to further expand affirmative action. Last year, Texas A&M was recognized as a Hispanic Serving Institute, and so took on the initiative to expand its diversity in the faculty. According to a memo sent out to all A&M deans, “For the FY 23 and FY 24, the VP for Faculty Affairs will allocate a sum of $2 million for the [Accountability, Climate, Equity, and Scholarship] Plus Program. The funds will be used to provide 50% matching base salary and benefits, up to a maximum contribution of $100,000 (salary and fringe) for 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. Consistent with our land-grant mission, and as defined NIH policy, Texas A&M defines URMs as African Americans, Hispanic/Latino Americans, Native Americans, Alaskan Natives, and Native Hawaiians.”

America First Legal pointed out that the memo excludes whites and Asians from these benefits. America First Legal states that this violates Title VI and IX, and 42 U.S.C. § 1981. Additionally the lawsuit claims that this practice also violates the Equal Protection clause of the 14th Amendment.

• Title VI “prohibits discrimination on the basis of race, color, or national origin in any program or activity that receives Federal funds or other Federal financial assistance.” Title IX states the same but in regards to gender.
• The Equal Protection clause allows all individuals equal protection of the law.
• 42 U.S.C. § 1981 “guarantees individuals the same right to make and enforce contracts without regard to race.”

America First Legal argues that the hiring practices are also illegal because they bar whites and Asians from receiving these benefits. Additionally, AFL claims this practice hinders equal competition for hiring.

“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. We must extract the poison of bigotry coursing deep through the leadership of Texas A&M and restore civil rights and equality for all. 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,” says AFL.