In response to a recent U.S. Supreme Court ruling that ended affirmative action in college admissions, the Biden administration has issued new guidance aimed at helping colleges and universities maintain racial diversity on their campuses while staying within legal boundaries.
The guidance, jointly released by the Education and Justice departments, follows the Supreme Court’s decision that colleges cannot consider race as the sole determining factor in their admissions processes. This ruling has raised questions about how institutions can continue to promote diversity without violating the law.
President Joe Biden’s administration had previously defended the practice of considering race in college admissions during court cases involving Harvard University and the University of North Carolina.
See also: Shift in Admissions Practices Triggered by Affirmative Action Ruling
While the Supreme Court’s ruling left certain aspects unclarified, there are expectations of further legal challenges by conservative activists targeting diversity initiatives in education and within corporate America.
Take action now and submit your resume to LawCrossing for access to thousands of available jobs!
Education Secretary Miguel Cardona emphasized the continued importance of promoting campus diversity despite the ruling’s limitations. Cardona stated, “We know what has happened at colleges when individual states have banned affirmative action in the past… Fewer students of color applied, and fewer students of color were admitted. We cannot afford that kind of backpedaling on a national scale.”
In the issued guidance documents, both the Education and Justice departments outlined the parameters within which colleges can legally approach diversity in their admissions procedures.
One key stipulation is that schools cannot allow demographic data related to an applicant’s race to directly influence admissions decisions. However, the departments indicated that colleges may take into consideration how an applicant’s life has been impacted by their racial identity, as demonstrated in their personal essays. For instance, an applicant who shares the experience of being the first Black violinist in a youth orchestra could provide context.
Moreover, universities are encouraged to engage in targeted outreach and recruitment strategies to increase the enrollment of underrepresented groups. While considering race as a factor, institutions are also permitted to weigh other elements such as geographical location, financial resources, and family background.
The guidance also highlighted the potential need for institutions to reevaluate other admissions preferences, including those afforded to “legacy” applicants—individuals with familial ties to alumni or donors. Such preferences could limit opportunities for applicants who have not benefited from these advantages.
Interestingly, the Office of Civil Rights within the Education Department recently initiated an investigation into whether Harvard University’s admissions process discriminates by favoring “legacy” applicants. Critics argue that this practice tends to benefit white applicants, further intensifying the debate around affirmative action and equality in education.
Don’t be a silent ninja! Let us know your thoughts in the comment section below.
