UC sees the good in faculty diversity. Trump's DOJ says it 'may be' illegal discrimination

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4 days ago

The Trump administration said Thursday that it is opening an investigation into UC, alleging that university goals to increase faculty diversity "may be" illegal sex- and race-based hiring discrimination.
In a brief, 419-word letter to UC President Michael V. Drake, the Justice Department's top civil rights lawyer said it had "reasonable cause" to believe that UC has "certain employment practices that discriminate against employees, job applicants, and training program participants based on race and sex."
The letter pointed to an ambitious UC plan to add at least 20,000 students by 2030 — while increasing graduation rates, the share of students who receive undergraduate diplomas within four years, and access to UC campuses for racial minorities and other minority groups that have historically been underrepresented in higher education. UC announced the plan in 2021 and later increased the enrollment goal to up to 33,000 if enough resources, such as funding, became available.
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The Justice Department appeared to zero in on small sections of the extensive "UC 2030 Capacity Plan" that chart out desires to increase diversity among graduate students and faculty, including adding 1,100 tenure-track faculty.
Harmeet Dhillon, the assistant attorney general for the Justice Department's Civil Rights Division, wrote that the plan may have "precipitated unlawful action by the University of California and some or all its constituent campuses."
In a statement, the Justice Department added that UC "directs its campuses to hire 'diverse' faculty members to meet race- and sex-based employment quotas," alleging a violation of Title VII of the Civil Rights Act of 1964.
Dhillon added: "It is important to note that we have not reached any conclusions about the subject matter."
Although the UC goals make clear the university's ambition to increase diversity, they do not stipulate hiring quotas. Since 2020, UC Regents — the governor-appointed board of directors — have also formally banned using quotas based on race and gender. That move came as Californians debated Proposition 16, which would have reversed the state's affirmative action prohibition but failed to pass.
In a statement Thursday, a UC spokesperson said the university abides by the law and would cooperate with the investigation.
"The University of California is committed to fair and lawful processes in all of our programs and activities, consistent with federal and state anti-discrimination laws," said Senior Director of Strategic and Critical Communications Rachel Zaentz.
"The university also aims to foster a campus environment where everyone is welcomed and supported," she said. "We will work in good faith with the Department of Justice as it conducts its investigation."
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The investigation is the second UC hiring probe launched by the Trump administration, part of its aggressive drive to take action against universities it alleges are giving preference to Black, Latino and other racial, ethnic or religious groups over Asian, white and Jewish students, staff and employees. Trump has also ordered an end to diversity, equity and inclusion efforts in education institutions that receive federal funds, resulting in court challenges.
In March, the Justice Department launched an investigation into whether UC 'engaged in a pattern or practice of discrimination based on race, religion and national origin against its professors, staff and other employees by allowing an antisemitic hostile work environment to exist on its campuses."
It was based upon faculty petitions and complaints that accused the university of abetting alleged antisemitism last year during pro-Palestinian encampments calling on UC to divest from financial ties to Israel's war in Gaza.
Both investigations employ a "pattern or practice" probe of campuses based on federal anti-discrimination law, a method of civil rights enforcement used during Democratic administrations to respond to racism allegations against police departments.
Also in March, the Justice Department accused UCLA, UC Berkeley and UC Irvine of using "illegal DEI" in admissions, likely referring to affirmative action. The Department of Health and Human Services is also investigating UCLA's medical school over alleged discrimination in admissions.
The university has denied such actions. Zaentz has said UC stopped using race in admissions when Proposition 209 — which bans consideration of race in public education, hiring and contracting — went into effect in 1997. Since then, 'UC has implemented admissions practices to comply with the law,' she said in March.
Two UC campuses — Los Angeles and Berkeley — are on a list of 10 campuses that a federal task force to combat antisemitism has said it is researching. The task force has played a significant role in pulling billions in federal funding from Harvard and Columbia universities over allegations that they promoted antisemitism.
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This story originally appeared in Los Angeles Times.