„Yale rejects scores of Asian American and white applicants each year based on their race.“
The Civil Rights Division of the Department of Justice notified Yale today that it is violating Title VI of the 1964 Civil Rights Act by discriminating against Asian and white Americans in undergraduate admissions. The Department of Justice found Yale discriminates based on race and national origin in its undergraduate admissions process, and that race is the determinative factor in hundreds of admissions decisions each year. For the great majority of applicants, Asian Americans and whites have only one-tenth to one-fourth of the likelihood of admission as African American applicants with comparable academic credentials. Yale rejects scores of Asian American and white applicants each year based on their race, whom it otherwise would admit. Although the Supreme Court has held that colleges receiving federal funds may consider applicants’ race in certain limited circumstances as one of a number of factors, the Department of Justice found Yale’s use of race is anything but limited. Yale uses race at multiple steps of its admissions process resulting in a multiplied effect of race on an applicant’s likelihood of admission, and Yale racially balances its classes. Assistant Attorney General Eric Dreiband wrote, “Unlawfully dividing Americans into racial and ethnic blocs fosters stereotypes, bitterness, and division. It is past time for American institutions to recognize that all people should be treated with decency and respect and without unlawful regard to the color of their skin.” In the notice letter sent to Yale, the DOJ goes into more detail about its objections to the current admissions criteria: Yale uses race at multiple points in its admissions process. Yale uses race when it initially rates applicants, when it again rates those previously rated applicants, and again when it considers applicants at subsequent stages of the admissions process. Yale discriminates based on race among comparable applicants to whom Yale’s own admissions staff gave identical ratings earlier in the admissions process. Yale’s use of race at multiple steps of its admissions process results in a multiplied effect of race on an applicant’s likelihood of admission. Yale’s race discrimination contrasts starkly with the program upheld in Fisher II, in which the University of Texas considered race as one “subfactor” of its multi-factor assessment of applicants, and “[t]he admissions officers who ma[d]e the final decision as to whether a particular applicant will be admitted ma[d]e that decision without knowing the applicant’s race.
