On Thursday (August 6), the US Department of Justice announced that Duke University School of Law has been found to have unlawfully discriminated against white and Asian applicants in the admissions process over the past three academic years, in violation of the Civil Rights Act.
In a press release issued on Thursday, the Department of Justice’s Civil Rights Division revealed the results of its investigation, concluding that Duke University School of Law intentionally discriminated against certain applicants based on race during the admissions process for the academic years of 2023, 2024, and 2025. This practice was found to be in violation of Title VI of the 1964 Civil Rights Act, which prohibits discrimination based on race, color, or national origin, as well as contrary to a 2023 Supreme Court ruling that prohibits racial discrimination in higher education.
The press release cited findings from the investigation, such as the inclusion of essay questions in Duke Law School’s application materials where applicants were asked to explain how they would further the mission of the school. Admissions reviewers were then instructed to “flag” responses to these essay questions with markers including “Diversity/Services.” Additionally, the school directed reviewers to mark certain characteristics typically associated with race. Therefore, despite the school publicly claiming that admissions reviewers would not see applicants’ racial information, they were effectively advancing the institution’s goal of racial diversity.
The Department of Justice noted that this practice resulted in African American or Hispanic applicants being more likely to be admitted to Duke Law School than white or Asian applicants with similar academic qualifications.
Assistant Attorney General for the Civil Rights Division at the Department of Justice, Harmeet K. Dhillon, stated in the press release, “Duke University School of Law cannot simply discriminate against white and Asian students under the pretext of good intentions. Utilizing ‘diversity’ essay topics to filter admissions preferences based on race still constitutes unlawful racial discrimination, and the Department of Justice is committed to eliminating such conduct wherever it is found, including in our nation’s law schools.”
The press release also mentioned that the Department of Justice hopes to reach a voluntary resolution agreement regarding Duke Law School’s violations to ensure compliance with regulations in their admissions practices. If these efforts fail, the Department of Justice will pursue litigation.
Following the release of the Department of Justice’s press release, Duke University responded by stating, “Duke University is committed to complying with the law and will continue to do so in a manner that aligns with our academic mission.”
The university also added that they are reviewing the letter from the Department of Justice.