The University of Vermont solicited applications for a postdoctoral fellowship that was only open to "BIPOC/POC scholars," according to a job posting obtained by the Washington Free Beacon, raising questions about the school’s compliance with civil rights law as universities face scrutiny over the racial breakdown of their newest classes.
Advertised on the American Political Science Association’s (APSA) online job bank, the posting—which has since been removed—indicated that the Henderson-Harris fellowship, which has existed since the 1990s, "specifically seeks applicants" who "identify as people/persons of color." The two-year position pays up to $70,000 and fast-tracks winners for a tenured professorship at the university.
"Applicants should be BIPOC/POC scholars," the posting read. "Preference will be given to candidates whose research focuses on the themes of inequality and/or exclusion."
Adam Mortara, the lawyer who led the litigation against Harvard that outlawed racial preferences in college admissions, said the fellowship was patently unconstitutional.
"This is state action in violation of the Equal Protection Clause," Mortara said, referencing the clause in the 14th Amendment that bars states from discriminating based on race. "It’s really astonishing."
Dan Morenoff, the director of the American Civil Rights Project, a conservative public interest law firm, added that the APSA could also be held liable for advertising the post in its job bank.
"Even advertising a job opening limited to particular races is clearly illegal," Morenoff said.
Within hours of being contacted about the job posting, both the APSA and the University of Vermont confirmed that it had been taken down. Dan Gibson, the APSA's communications director, also promised to raise the matter with the university.
"We will communicate with the job poster to reiterate APSA's EEOC and non-discrimination hiring policies," Gibson wrote in an email to the Free Beacon. The University of Vermont declined to say whether the fellowship criteria would be revised going forward.
The job posting comes as universities release demographic data on the first classes admitted after the Supreme Court’s affirmative action ban, which—at least at some schools—does not seem to have had much effect. Though MIT saw a sharp drop in black and Hispanic enrollment, Yale and Princeton ended up with virtually the same racial breakdown as before the decision, raising questions about whether they are skirting the law through essays, extracurriculars, and racial proxies.
Many officials said outright that they would look for ways around the ruling when it was handed down last year. Timothy Lynch, the general counsel of the University of Michigan, told a panel of law school administrators that they should "be aware" of the "record you’re creating." Other panelists argued that diversity was a religious value and, as such, might create a First Amendment exemption to the ruling.
While race-based admissions were only made illegal in 2023, federal laws have long prohibited programs like the University of Vermont fellowship. The job post itself acknowledged those laws at the end of the advertisement, which described the university as an "equal opportunity" employer and included a "non-discrimination statement."
"All qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, disability, protected veteran status, or any other category legally protected by federal or state law," the posting read. "The University encourages applications from all individuals who will contribute to the diversity and excellence of the institution."