Community DEI proponents must stop ignoring the law. It is illegal to consider race, gender, ethnicity or other protected traits in employment and admissions decisions at U.Va.
by Scott Douglas Gerber
The Sept. 4, 2025 op-ed by โ5 U.Va. Community Membersโ about my Aug. 15, 2025 open letter to Interim President Paul Mahoney (both published in the Cavalier Daily) is a disturbing exercise in gaslighting.
Most notably, the 5 never say a word about what anti-discrimination law actually is. The first point I made in my open letter, and the only point I made about DEI, was that โUnfortunately, as almost everyone probably knows, the University likely violated anti-discrimination law and stonewalled the Department of Justice during former University President Jim Ryanโs DEI-fueled presidency. Ryan resigned because of it.โ To his credit, Interim President Mahoney reminded U.Va.’s Faculty Senate on Sept. 5, 2025 that โCompliance with federal law is a condition of research grants.โ
I know that many members of the University community do not want to hear it, but the โfederal lawโ that both Mahoney and I are referencing is this: except for a few narrow exceptions that do not apply to todayโs U.Va. (for example, taking race into account in a remedy for adjudged discrimination against people of color by the defendant in a lawsuit), it is illegal to consider race, gender, ethnicity or other protected traits in employment and admissions decisions โ even a little bit, and even if people think it would make U.Va. โbetter,โ to quote my recent critics, to do so. See Students for Fair Admissions v. Harvard University & North Carolina, 600 U.S. 181 (2023) (companion cases); 42 U.S.C. ยง2000d, et seq. (Title VI) and 42 U.S.C. ยง2000e(2), et seq. (Title VII). Indeed, because U.Va. is a public university, it is constitutionally barred from doing so.
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