The Equal Protection Project (EqualProtect.org) has challenged over 275 institutions regarding over 800 programs that discriminate in the name of Diversity, Equity, and Inclusion. Most of our challenges have been filed at the Office for Civil Rights at the U.S. Department of Education, but we also have filed multiple times at the Department of Health and Human Services and the Department of Justice (DOJ).
Our latest DOJ filing challenges the Black Male Initiative (BMI) at the City University of New York (CUNY), jointly funded and operated with the City of New York (NYC). BMI recruits students based on race and ethnicity, focused on African, African American/Black, Caribbean and Latino/Hispanic males. BMI operates systemwide on 24 of CUNY’s 25 campuses.
From the Civil Rights Complaint:
As outlined here and in the accompanying exhibits, BMI’s structure, stated purpose, and promotion appear to violate both Title VI and the Equal Protection Clause of the Fourteenth Amendment by engaging in systemic race- and ethnicity-based recruitment in violation not only of U.S. Supreme Court authority but also DOJ guidance regarding university compliance with the civil rights laws.1 BMI’s racial and ethnic recruitment also violates the nondiscrimination laws of both NYC2 and the State of New York3 as well as the nondiscrimination policy of CUNY itself.4 But because each of these entities tasked with preventing discimination is involved in the funding, operation, and/or promotion of BMI, only DOJ investigation and action can assure that the civil rights laws are enforced.The size and impact of CUNY also calls out for DOJ action. CUNY is a major educational and economic force in New York City, comprising over 200,000 students with a multi-billion dollar budget5 supported by tens of millions of dollars in federal support annually.6 Approximately three quarters of CUNY students are “students of color”7 with males representing approximately 40-45 percent of such groups.8 White students are a minority at CUNY.BMI’s structure is designed to and does segregate a large segment of the student population based on race and ethnicity. BMI is a university-wide initiative publicly described as serving “students from groups that are severely underrepresented in higher education, in particular African, African American/Black, Caribbean and Latino/Hispanic males.”9BMI’s educational benefits are valuable and should be promoted equally to all students who need educational assistance regardless of race, color, or ethnicity. However, BMI’s goals, programming, and promotional materials repeatedly identify favored racial and ethnic groups and communicate that the program is intended for those groups. This race- and ethnicity-based recuitment by BMI is now pervasive throughout the CUNY system.If CUNY had a “White Male Initiative” structured similarly to BMI such race-based recruiting would not be tolerated much less funded and promoted. It is up to DOJ to ensure that the civil rights laws are enforced in a race-neutral manner.
An accompanying Exhibit Binder demonstrates, the operation of BMI across CUNY. As explained in the Complaint:
The title “Black Male Initiative,” combined with CUNY’s repeated emphasis on specific race-based groups, communicates a clear preference for participation by those groups. Regardless of whether participation is formally restricted, this express focus and repeated identification of favored demographics functions as unlawful race-based signaling.18 Such messaging is likely to deter students who do not fall within the identified categories from participating. Certainly, no one would dispute that if CUNY had a “White Male Initiative” structured similarly to BMI it would dissuade non-Whites from participating. Since the civil rights laws and Equal Protection Clause are race-neutral, DOJ should insist on race-neutrality as to BMI.
The City of New York is a full participant in BMI:
BMI was created with the involvement of New York City officials, is funded in part through municipal appropriations, and continues to operate within a framework of coordinated government support.19 The program is not merely a university initiative but reflects an ongoing partnership between CUNY and NYC.20
As we do in all of our complaints, we explain why such race-based activities are unlawful:
CUNY and NYC, as recipients of federal financial assistance and as state actors, are subject to Title VI of the Civil Rights Act of 1964 and the Equal Protection Clause of the Fourteenth Amendment. The conduct described above—namely, the creation, funding, promotion, and administration of BMI as a program that expressly favors and recruits participation based on race, color, and ethnicity (national origin)—constitutes unlawful discrimination under both frameworks.25 ….BMI is not only explicit in its racial targeting, but it also signals discrimination through CUNY’s website. As described above, race- and ethnicity-based recruiting is a fundamental part of BMI’s promotion by CUNY.
We further explain why the Obama Education Department’s 2012 approval of BMI should be ignored:
25 In 2012, the Obama Department of Education relying in part on no longer operative Department of Justice guidance as to what was permitted in promoting diversity, determined that “it is permissible for a college to conduct race-targeted recruiting” and accordingly that the BMI program was consistent with federal civil rights laws. See https://equalprotect.org/wp-content/uploads/2026/05/Obama-Department-of-Education-CUNY-Resolution.pdf [https://archive.is/wip/GgAS4] (accessed May 22, 2026).That legal finding was wrong at the time and has been rejected in subsequent case law, most prominently reflected in the 2023 Supreme Court ruling in Students for Fair Admissions, infra, (“SFFA”). Under SFFA, and the cases upon which it relied, racial recruitment classifications such as those used in the BMI program are presumptively unconstitutional and can only survive if narrowly tailored to achieve a compelling governmental interest — a standard BMI cannot meet. Moreover, since 2012 BMI has expanded greatly and is more aggressive in its racial recruitment. Accordingly, the legally and factually stale 2012 Department of Education ruling has no binding or even persuasive impact here.
And last but not least, we explain why a single sentence nondiscrimination sentence at the bottom of the BMI website does not absolve CUNY from responsibility for race-based recruiting. This is a tactic we’re seeing more and more, a perfunctory statement that a program that is promoted targeting certain races and ethnicities is open to everyone:
18 The disclaimer at the bottom of the BMI main website that BMI is “open to all academically eligible students, faculty and staff, without regard to race, gender, national origin or other characteristic” is not legally exculpatory given the pervasive race- and ethnicity-based recruiting. As discussed in the legal section below, the race- and ethnicity-based recruiting is unlawful even if other groups are not absolutely excluded, much like the Asian students in the SFFA case, infra, suffered unlawful discrimination even though not completely excluded. If anything, this perfunctory disclaimer reflects a consciousness of guilt that CUNY recognizes its recruiting is unlawful.
The NY Post covered the filing:
A legal advocacy group wants the Trump administration to step in to probe CUNY‘s Black Male Initiative over claims it discriminates against white students.The Equal Protection Project claims the CUNY program violates federal civil rights laws by giving preference to minority male students while shutting out others.“It’s not a difficult case – CUNY explicitly is recruiting based on race and ethnicity and preferring certain racial and ethnic groups over others,” said William Jacobson, president and founder of the group, which filed a complaint with the Justice Department’s Assistant Attorney General for Civil Rights Harmeet Dhillon.In 2012, the Obama Department of Education determined that the initiative was consistent with federal law.“The discrimination in the program should have been stopped almost 15 years ago,” Jacobson said. “Only a legally ridiculous 2012 decision by the Obama Department of Education allowed the discrimination to continue. It is time for DOJ to correct this injustice.” ….In its complaint, EPP claims the program also violates state and city anti-discrimination laws. But since New York’s lawmakers have allocated millions of dollars over the years to fund BMI, Albany and City Hall won’t investigate….The group admitted in its complaint that the initiative has educational benefits, but they should be applied to all students who need assistance regardless of race, color or ethnicity.“However, BMI’s goals, programming, and promotional materials repeatedly identify favored racial and ethnic groups and communicate that the program is intended for those groups,” the complaint said.“If CUNY had a ‘White Male Initiative’ structured similarly to BMI such race-based recruiting would not be tolerated much less funded and promoted. It is up to DOJ to ensure that the civil rights laws are enforced in a race-neutral manner.”
Reminder: we are a small organization going up against powerful and wealthy government and private institutions devoted to DEI discrimination. Donations are greatly needed and appreciated.
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