Roger Clegg on Tenure Discrimination Allegations
The Center for Equal Opportunity’s Roger Clegg writes about tenure discrimination allegations against Emerson College and DePaul University at Minding the Campus.
Two blacks at Emerson and four women at DePaul claim they were refused tenure based on race and sex. “In neither case has direct evidence of discriminatory intent been alleged, such as racist or sexist comments,” writes Clegg. “Instead, statistical disparities of one sort or another are cited.”
Statistical disparities? Sounds like the makings of disparate impact claims. Clegg believes race and sex discrimination exists, but in academic settings, it typically takes form against whites, non-preferred minorities, and men.
“But no doubt there remain aberrant instances of old-fashioned discrimination against ‘underrepresented’ minorities and women. And perhaps the plaintiffs here will be able to marshal persuasive evidence that this is what happened to them.”
Clegg points out that some who say they oppose discrimination nonetheless support racial preferences, the “politically correct kind” of discrimination. When it’s against blacks, it’s obviously wrong. Discrimination against whites, on the other hand, is wrong only to those who believe race should play no part in hiring, promoting, or admitting. Pro-preference folks have argued that the use of race-based preferential treatment for hiring and promoting is justified based on the “role model” rationale. No matter how well intentioned, it doesn’t justify discrimination. Besides, says Clegg, the Supreme Court rejected the argument.
Turning the role-model rationale on its head, Clegg writes:
“[I]n Hazelwood School District v. United States, the Court had similarly noted that a school district could not point to the racial makeup of its student body as a justification for the racial makeup of its faculty. And rightly so. As Justice Powell wrote in Wygant, ‘Carried to its logical extreme, the idea that black students are better off with black teachers could lead to the very system the Court rejected in Brown v. Board of Education.’
“Likewise, are Idaho universities entitled to avoid hiring African Americans, Maine colleges Latinos, and Nebraska schools Asians—to ensure that those states’ natives are not taught by someone who may not look like they do? Should Ruth Simmons have been disqualified as president of Brown University, on the grounds that she is an unsuitable role model for all those white male students there?”
Of course, avoiding hiring preferred minorities as faculty in overwhelmingly white schools (or states) would be the wrong kind of discrimination, despite its consistency with the “role model” argument.
Consistency is the bane of PC’s existence.
Clegg reminds readers that schools should “simply hire the best professors they can. Period.” Unless the court strikes down or Congress repeals the disparate impact provision of the code, race will be relevant. Unfortunately.
