Harvard University, along with many other elite colleges in the United States, has long faced criticism for its lack of diversity in student admissions. Despite decades of affirmative action policies, the demographics of these prestigious institutions have remained abysmal. However, a new legal challenge is set to shine a spotlight on the racism inherent in these colleges’ admissions practices, particularly in how they favor wealthy white students.
In a recent Pew Research Center poll, it was found that only 33 percent of Americans support affirmative action. However, among Harvard students, approximately 63 percent have a favorable view of race-conscious admissions. This stark contrast highlights the influence of elite colleges’ positioning as do-gooders, which has allowed them to maintain the support of their donor base.
However, this support may soon be jeopardized as a new generation of post-affirmative action legal action takes aim at the advantages offered to the wealthy. Three nonprofit organizations, Chica Project, African Community Economic Development of New England, and Greater Boston Latino Network, have initiated a civil rights complaint against Harvard. They are calling for an end to the legacy and donor preferences granted under the Civil Rights Act of 1964.
This complaint puts Harvard in a difficult position. Under existing law, it only needs to be shown that a facially neutral practice has a racially disproportionate effect to demonstrate racial discrimination. Intent is not required, only disparate impact. Given the evidence, it seems likely that the nonprofit groups have a strong case.
If the complaint succeeds in proving that preferences for the children of alumni and donors contribute to an imbalanced racial makeup in Harvard admissions, the burden will shift to the university to prove that these practices have a manifest relationship to the education in question. However, this will be an arduous task for Harvard, as there is little evidence to suggest that these preferences provide any educational benefit. The only potential justification could be financial, but a study of 100 top universities found no correlation between the existence of legacy preference and increased alumni giving.
In addition to the legal challenge, Massachusetts has introduced legislation that would impose a public service fee on colleges that practice legacy or donor preference, redirecting the money to community colleges. These measures fundamentally change the public relations position of Harvard and similar institutions. Harvard President Lawrence Bacow’s recent message to students, declaring that they belong at Harvard, now faces the challenge of defending the admission advantages given to wealthy white students who feel entitled to their elite education despite their privileges.
Historically, elite colleges have framed affirmative action as a means to provide extra assistance to students of color who allegedly cannot secure admission through an otherwise objective process. However, the reality is that the admissions process is far from objective. The criteria used by these institutions is largely based on proxies for wealth and serves their institutional interest of satisfying and growing a wealthy alumni network.
The legal challenge initiated by the nonprofit organizations highlights a shift in focus from the small benefits offered through affirmative action to the overwhelming advantages bestowed upon affluent white students. With the spotlight on elite colleges, their claims of being liberal defenders against conservative opposition will be exposed. The true nature of these colleges’ admissions policies, which reinforce racial disparities, will be brought to the forefront.
It remains to be seen whether these legal and legislative actions will succeed in bringing about real change in the admissions practices of elite colleges. However, the efforts are a significant step in holding these institutions accountable for their role in perpetuating racial inequalities. As the public increasingly scrutinizes these colleges’ failure to diversity their student bodies, the pressure for reform will only continue to grow.
