DURHAM, N.C. (WPTF) – The U.S. Justice Department says it has found that Duke University’s law school “intentionally discriminated based on race” and harmed white and Asian students.
The Justice Department’s Civil Rights Division announced nvestigative findings that Duke University School of Law (Duke Law) intentionally discriminated based on race in granting and denying admission to its 2023, 2024, and 2025 incoming classes. Duke Law’s discriminatory conduct violated Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, or national origin, and the U.S. Supreme Court’s 2023 decision in Students for Fair Admissions v. Harvard (SFFA), which banned race discrimination in higher education.
“Duke Law School doesn’t get a free pass to discriminate against white and Asian students simply because it thinks it has good intentions,” said Assistant Attorney General Harmeet K. Dhillon of the Justice Department’s Civil Rights Division. “Using ‘diversity’ essay questions to identify preferred races for admission is still illegal discrimination based on race, and this Department is committed to eliminating it everywhere we find it, including in our nation’s law schools.”
According to release, the Department’s investigation found that post-SFFA, Duke Law emphasized racial diversity in admissions and engaged in a deliberate effort to preserve race-based outcomes for its incoming classes. Duke Law revised its Mission Statement to express its goal to “help build and sustain a dynamic legal profession that embodies a commitment” to a number of stated values, such as equal justice, public service, and a “diversity of perspective and experience.” Duke Law’s application included short answer essay questions, which allowed candidates to discuss how they would further Duke Law’s mission.
Admissions reviewers were then instructed to “tag” responses to these short answer questions. To capture answers related to “diversity of perspective and experience” reviewers used the “Diversity/Services” tag. Reviewers were also instructed to use tags to capture specific applicant characteristics that are commonly correlated with race, such as being a Pell grant recipient. Thus, while Duke Law’s published policies assert that admissions reviewers did not see racial demographic data, Duke Law directed its admissions staff to highlight applicant information that could be used to advance Duke Law’s racial diversity goals.
As a result, a black or Hispanic applicant has a substantially higher likelihood of admission to Duke Law than a white or Asian applicant with the same academic credentials. When qualifications are not similar, the result is starker: in 2024 and 2025, the median LSAT scores of rejected white and Asian applicants exceeded the median LSAT scores of admitted black applicants.
As recipients of federal financial assistance, law schools are subject to federal non-discrimination laws. The Department will continue to monitor and ensure their compliance with Title VI and SFFA’s prohibition on race-conscious admissions. Where a violation has been found, the Department will engage in settlement negotiations to ensure the school’s admissions practices are brought into compliance. If those efforts fail, the Department will file suit.
Duke has not commented on the findings.