America First Legal (AFL), along with co-counsel Jonathan F. Mitchell and Stone Hilton PLLC, has filed a lawsuit against Northwestern University. The suit alleges that the university discriminates against white men in faculty hiring and that the Northwestern University Law Review engages in similar discriminatory practices when selecting articles, editors, and members.
Federal law prohibits universities receiving federal funds from discriminating based on race or sex. AFL claims that Northwestern University and its Law Review are violating these laws by allegedly favoring racial minorities and women over white men.
The lawsuit traces the alleged discriminatory practices back to 2012 under then-Dean Daniel Rodriguez of Northwestern’s law school. According to AFL, Dean Rodriguez enforced a mandate to hire as many non-white and non-male faculty candidates as possible. He reportedly instructed faculty members to avoid discussing hiring candidates over the faculty listserv, citing litigation risks as his reason for this directive.
AFL contends that this mandate led to the hiring of faculty from preferred demographics while rejecting white male candidates with superior qualifications. The organization also claims that the Northwestern University Law Review gives preferences to women, racial minorities, homosexuals, and transgender individuals in its selection processes.
Given that Northwestern University receives federal funding, it is required to adhere to national civil-rights laws which prohibit race and sex preferences in hiring practices.
Judd Stone of Stone Hilton PLLC stated: “Race and sex discrimination are illegal even when they are popular. Educational institutions acting under the banner of ‘diversity, equity, and inclusion’ cannot avoid the consequences of their lawlessness.”
Jonathan F. Mitchell emphasized: “This is the first of many lawsuits that will be filed against universities that refuse to implement colorblind and sex-neutral faculty-hiring practices.”
Gene Hamilton, Executive Director of America First Legal, added: “Federal law prohibits discriminating against any American citizen on the basis of race or sex–yet the pervasiveness and extent of such discrimination is the worst-kept secret in academia."
The lawsuit seeks to challenge what AFL describes as pervasive race- and sex-based discrimination within academic institutions.