After a two year investigation, the Justice Department (DOJ) has issued a statement alleging that Yale University is discriminating against Asian American and White applicants, in violation of federal civil rights law. The press release released by the DOJ gives the university two weeks to comply with orders from federal officials or to face a lawsuit.
Supreme Court precedents from the last 40 years allow universities to consider race in a narrowly tailored and limited manner. However, the DOJ describes Yale's discrimination as "anything but limited." Prosecutors concluded that "race is the determinative factor in hundreds of admissions decisions each year" and that some Asian American and White students have "only one-tenth to one-fourth of the likelihood of admission as African American applicants with comparable academic credentials," exemplifying the surprising discrepancy in admissions rates between different races.
The DOJ is also conducting parallel investigations at other universities. A similar investigation into Harvard admissions practices is ongoing. In addition, the DOJ has backed anti-affirmative action Students for Fair Admissions in its lawsuit against Harvard. This letter from the DOJ will likely continue a pattern of conservative decisions to uphold civil rights and equality in college admissions.
Yale President Peter Salovey responded promptly, describing the report as "baseless" and reiterated the university's commitment to carefully considering race in admissions. In addition, Salovey claimed that the DOJ had not received all information that the department itself had requested. Yale will likely continue to fight this case in a similar manner as Harvard, with trial lawyer and expert witnesses.