Texas A&M discrimination lawsuit dismissed by Houston federal judge
Texas - In a decision made on Friday, a Houston federal judge dismissed a discrimination lawsuit against Texas A&M University.
The case was initiated by Richard Lowery, a white, finance professor at the University of Texas, who alleged that the university engaged in unlawful hiring practices though he never submitted a job application. Lowery claimed the university's practices were unfair "by giving discriminatory preferences to females and non-Asian racial minorities at the expense of white and Asian men."
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According to the court, the professor wanted to leave the University of Texas due to disagreements with its leadership and criticism of his conservative views, believing that the Mays Business School at Texas A&M would be a better fit, according to court documents.
Texas A&M's legal representation moved to dismiss the lawsuit on the grounds that Lowery failed to demonstrate a legitimate legal injury, as he had neither applied for a job at A&M nor expressed a current intention to do so.
COLLEGE STATION, TX - AUGUST 17: The Texas A&M campus in College Station, Texas on August 17, 2023. (Photo by Mark Felix for The Washington Post via Getty Images)
United States District Judge Charles Eskridge granted Texas A&M’s motion to dismiss, stating that Lowery couldn't assume ongoing discrimination existed at A&M merely based on allegations of discriminatory practices that deterred application. The court stated, "Otherwise, any putative plaintiff could sue a potential employer without ever applying, simply upon allegation the posited discriminatory practices deterred application."
Texas A&M also sought dismissal on other grounds, citing recently enacted legislation in the Texas Legislature as eliminating the need for judicial intervention. The court concurred, referencing Senate Bill 17, signed into law in June 2023 and set to take effect on January 1, 2024. This law prohibits public universities from providing "preference on the basis of race, sex, color, ethnicity, or national origin to an applicant for employment," as noted in the court's opinion. Additionally, the court pointed to a recent Supreme Court ruling deeming race-based university admissions programs unlawful.
Furthermore, the court noted that Lowery's complaints about future conduct were premature, as the state law would not be in effect until 2024. The court's opinion concluded by emphasizing that, once the state law became effective, Lowery could pursue legal action if he believed that Texas A&M's hiring practices at that time were unlawful.