Northwestern University faces lawsuit over alleged discrimination in law school hiring

A conservative group has filed a lawsuit against Northwestern University, alleging that its law school discriminates against white men in faculty hiring and the selection of articles for its flagship law review, Reuters reported.

The suit, initiated by Faculty, Alumni, and Students Opposed to Racial Preferences (FASORP), names several Northwestern faculty and students as defendants.

FASORP is represented by conservative attorney Jonathan Mitchell and America First Legal, led by former Donald Trump adviser Steven Miller. The complaint accused the law school of refusing to consider white male candidates with strong credentials while favouring candidates who meet diversity criteria, regardless of their qualifications.

The lawsuit, filed in federal court in Chicago, represents three unnamed FASORP members who claim they are ready to apply for faculty positions at Northwestern's law school but are disadvantaged because they are white men. Northwestern University plans to "vigorously defend this case," a spokesperson said.

According to the complaint, the law school has made offers to only three white men out of 21 candidates in the last three hiring cycles, preferring less qualified minority faculty members over experienced white men.

The complaint mentioned that University of California at Los Angeles law professor emeritus Eugene Volokh and Duke University law professor Ernie Young were among those passed over for interviews. Volokh confirmed discussing a move to Northwestern but is unsure why the talks did not advance, stating he is not involved with the plaintiffs. Young, also not involved in the lawsuit, expressed surprise at not being offered a position despite being a lateral candidate.

FASORP counsel Mitchell announced that the Northwestern complaint is the "first of many lawsuits that will be filed against universities that refuse to implement colorblind and sex-neutral faculty-hiring practices."

This lawsuit is part of a broader trend of litigation against law schools, firms, bar associations, and companies following the US Supreme Court's decision to ban the consideration of race in college admissions. These cases often claim discrimination against white men in favour of minorities and women.

In a related case, a federal judge dismissed a race and sex discrimination lawsuit challenging the New York University School of Law's flagship law review selection process, citing the plaintiff's lack of standing and insufficient factual allegations. This plaintiff was also represented by America First Legal.

FASORP previously sued the NYU Law Review and the Harvard Law Review in 2018, alleging discrimination against white men in selecting members, editors, and articles. Both cases were dismissed due to FASORP and its members' lack of standing.