Cornell Tech and the City University of New York (CUNY) are facing a lawsuit filed by Justin Gaffney Samuels, over alleged illegal discrimination in the admissions policy of their Break Through Tech program.
The Break Through Tech Program
This initiative, aimed at boosting careers in technology for women and non-binary undergraduate students, is now under legal scrutiny for potentially discriminating against men.
“As a Black man with a deep interest in technology, I was particularly interested in the opportunities offered by the Break Through Tech programs,” Samuels wrote in the official complaint.
“However, upon reviewing the program’s website, I was dismayed to discover that I am precluded from applying due to its discriminatory policies.”
His complaint asserts that such a policy goes against Title IX of the Civil Rights Act of 1866, which bars sex discrimination in institutions receiving federal funds.
He also claims violations of Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the Civil Rights Act of 1866.
The Wider Issue
The lawsuit’s relevance escalated after the landmark Supreme Court decision in Students for Fair Admissions v. Harvard dismantled race-based affirmative action policies in college admissions.
Samuels’ stance is that policies like Break Through Tech, which he views as shaped by “identity politics,” fail to align with merit-based selection.
Samuels has filed similar lawsuits against programs intended to support historically marginalized and underrepresented groups, citing Mark J. Perry as a source of inspiration.
In contrast, Prof. Sheri Lynn Johnson from Cornell University argues that while racial generalizations face strict scrutiny, gender-related admissions policies are evaluated under intermediate scrutiny.
“The Supreme Court decided that diversity generally… may well be an important governmental interest,” Johnson said. “The standard for gender classification is more lenient than the one for race classification.”
Cornell Tech, CUNY representatives, and Lindsey Knewstub of Cornell Media Relations have refrained from commenting on the lawsuit.
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