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Pushback: Teacher files class-action lawsuit against Texas A&M for favoring non-Asian minorities in hiring

Academia: dedicated to segregation!
Texas A&M: dedicated to the new segregation!

“Segregation today, segregation tomorrow, segregation forever!” Because Texas A&M university has specifically created hiring programs that favor non-Asian minorities, a University of Texas at Austin professor, Richard Lowery, has now filed a federal class-action lawsuit, demanding that this policy end immediately and that the court appoint a monitor to guarantee this.

You can read the lawsuit here [pdf]. It was prompted by a July 8, 2022 letter [pdf] sent out by the Office of Diversity at Texas A&M that outlined a new program, dubbed ACES Plus, which would specifically to pay certain minorities more, merely because of their race:

ACES Plus was created to ensure promising faculty to come to Texas A&M. For the FY 23 and FY 24, the VP for Faculty Affairs will allocate a sum of $2 million for the ACES Plus Program. The funds will be used to provide 50% matching base salary and benefits, up to a maximum contribution of $100,000 (salary and fringe) for new mid-career and senior tenure-track hires from underrepresented minority groups [URMs], that contribute to moving the structural composition of our faculty towards parity with that of the State of Texas. Consistent with our land-grant mission, and as defined NIH policy, Texas A&M defines URMs as African Americans, Hispanic/Latino Americans, Native Americans, Alaskan Natives, and Native Hawaiians.

Lowery saw this program as a direct violation of numerous civil rights act, and decided to sue. He hired the non-profit law firm America First Legal, which filed the suit this week. The suit also notes that Texas A&M is not simply paying these minorities more money, it is specifically favoring them in hiring.

Texas A&M University has also established faculty-hiring lines that are reserved exclusively for members of “underrepresented” (read: non-Asian) racial minorities. On August 26, 2022, a faculty member at Texas A&M’s business school e-mailed Shane A. Johnson, the head of the recruiting committee for the department of finance for 2022–23 academic year, after hearing that one of the faculty-hiring lines in the department of finance was being set aside for an “underrepresented” racial minority. See Exhibit 2 (“I heard from someone that one of our lines is reserved for an ‘underrepresented minority.’ Is that correct?”).

Later that day, Professor Johnson e-mailed back confirming that this was indeed the case: The underrepresented line would potentially be a third position, so yes reserved, but not one of our “regular” positions.

Whether Lowery’s case will prevail is somewhat questionable. He is not a professor at Texas A&M but instead teaches at University of Texas at Austin. He has also not actually applied for work at Texas A&M, nor has the school as yet actually discriminated against him. Instead, his lawsuit “sues on behalf of a class of all white and Asian men who stand ‘able and ready’ to apply for faculty appointments at Texas A&M.”

It could very well be that the court will rule that he has no standing, as the suit has not been filed by anyone who the university has directly wronged.

At the same time, Texas A&M’s policy is clearly discriminatory, violating not only the word but the spirit of numerous civil rights laws. In the past the courts looked favorably on similar lawsuits, brought by blacks against institutions who discriminated in similar ways. The court might agree this treatment should also be granted to whites like Lowery.

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Conscious Choice cover

Now available in hardback and paperback as well as ebook!

 

From the press release: In this ground-breaking new history of early America, historian Robert Zimmerman not only exposes the lie behind The New York Times 1619 Project that falsely claims slavery is central to the history of the United States, he also provides profound lessons about the nature of human societies, lessons important for Americans today as well as for all future settlers on Mars and elsewhere in space.

 
Conscious Choice: The origins of slavery in America and why it matters today and for our future in outer space, is a riveting page-turning story that documents how slavery slowly became pervasive in the southern British colonies of North America, colonies founded by a people and culture that not only did not allow slavery but in every way were hostile to the practice.  
Conscious Choice does more however. In telling the tragic history of the Virginia colony and the rise of slavery there, Zimmerman lays out the proper path for creating healthy societies in places like the Moon and Mars.

 

“Zimmerman’s ground-breaking history provides every future generation the basic framework for establishing new societies on other worlds. We would be wise to heed what he says.” —Robert Zubrin, founder of founder of the Mars Society.

 

All editions are available at Amazon, Barnes & Noble, and all book vendors, with the ebook priced at $5.99 before discount. The ebook can also be purchased direct from my ebook publisher, ebookit, in which case you don't support the big tech companies and I get a bigger cut much sooner.

 

Autographed printed copies are also available at discount directly from me (hardback $24.95; paperback $14.95; Shipping cost for either: $5.00). Just email me at zimmerman @ nasw dot org.

2 comments

  • LKB

    WRT standing, as noted in the complaint being “able and ready” to apply for race-restricted positions or programs is sufficient to establish standing. See Carney v. Adams, 208 L. Ed. 2d 305, 141 S. Ct. 493, 500 (2020); Gratz v. Bollinger, 539 U.S. 244, 262, 123 S.Ct. 2411, 156 L.Ed.2d 257 (2003); Northeastern Fla. Chapter, Associated Gen. Contractors of America v. Jacksonville, 508 U.S. 656, 666, 113 S.Ct. 2297, 124 L.Ed.2d 586 (1993).

    Three Supreme Court cased dead on point (and I reread them to make sure they stand for the proposition cited) seems pretty authoritative to this old trial and federal appellate lawyer. Why do you think they don’t control?

  • GaryMike

    Racists blame the rest of us for their own predilections.

    Deflection.

    “You beat your wife/husband/slave worse than I do.”

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