Reverse Discrimination is a Misnomer. If discrimination is perpetrated against Whites, Blacks, Hispanics, Asians or Green Martians, it is discrimination under the U.S. Civil Rights Act of 1964 and others laws. Discrimination of white and Asian students at public and private universities may, also, be a violation of the civil rights of these students. Discrimination is not, only, protection afforded to racial minorities. In many cases, discrimination by universities may come in the form of a disciplinary dismissal, suspension, transcript notation or even bad grades. Click Here for article on Challenging the Actions of Universities for Disciplinary Actions against Students.
Title VI of the Civil Rights Act of 1964 provides that:
“[n]o person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.”42 U.S.C. § 2000d.
Public and Private Universities Must Follow, in most cases, Title VI of the Civil Rights Act of 1964
Private universities come under the mandates of this law if these universities receive “Federal financial assistance.” Near all universities in the United States receive Federal financial assistance. Challenges can, also, be made at the State level, based on State law – in many cases. However, in some of the more liberal of States (New York) the courts are dominated by liberal jurists that, overwhelming, shun upon challenges by those they consider as living with the benefit of “white privilege.”
Public and Private Universities are Engaging in Discrimination Against, among others, Asians and Whites
Some far left radical-controlled universities are punishing White and Asian students for political speech and are not punishing Black students for the same or similar speech. We are of the belief that this practice runs afoul of U.S. Federal Law. As noted above, the Civil Rights Act applies to schools that receive “Federal financial assistance.” We suspect, if President Trump is reelected, many of these issues shall be litigated up to the Supreme Court. The Supreme Court, presently, may rule in favor of Asian and Whites that are, increasingly, being victimized because of political beliefs, their race and because of extreme identity politics.
It has been reported in local news sources, that the Civil Rights Division of the U.S. Justice Department accused Yale University of violating the civil rights of Asian and White students for preferring black students over Asian and White Students. The Justice Department notes that:
Yale’s oversized use of race favors some applicants because of their race andU.S. Justice Department, Civil Rights Division, Demand Letter to Yale University (August 13, 2020)
correspondingly disfavors other applicants because of their race, with most Asian American and
White applicants unduly bearing the brunt of the preferences Yale grants to its racially-preferred
applicants. Yale grants racial and national origin preferences in favor of African American,
Hispanic, and certain other applicants and disfavors most Asian American and White applicants.
Yale’s use of race cannot satisfy the narrow tailoring requirement because Yale “unduly burden[s]
individuals who are not members of the favored racial and ethnic groups.” Grutter, 539 U.S. at
341 (citation omitted).
For example, data produced by Yale show that Asian American applicants have a much
lower chance of admission than do members of Yale’s preferred racial groups, even when those
Asian Americans have much higher academic qualifications and comparable ratings by Yale’s
admissions officers. Every year from 2000 to 2017, Yale offered admission to Asian American
applicants to Yale College at rates below their proportion of the applicant pool. During this same
18-year period, Yale offered admission to White applicants at rates below their proportion of the
applicant pool in a majority of years. And, every year during the same 18-year period, Yale
admitted applicants to Yale College from Yale’s preferred racial groups at rates higher than their
representation in the applicant pool.”
This case may have a lasting implication on racial discrimination and equality law for years to come. This case may lead to extending protections, in disciplinary actions, to students White and Asian students that are discriminated against.
We shall update the reader when more is known. We suspect that the U.S. Justice Department shall be filing charges against this university and other universities soon. More shall, likely, be known after the upcoming elections.
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