A New York district judge has dismissed a lawsuit against Cornell University, ruling that the plaintiff lacked standing to challenge the university’s diversity, equity, and inclusion (DEI) hiring policies. The case, Wright v. Cornell University, centered on allegations of discriminatory practices favoring minority candidates.
Judge Glenn Suddaby determined that the plaintiff, a former academic with a science background, had no intention of reentering academia after April 2020. This decision was based on the plaintiff’s public statements, including those made on social media, in The Daily Caller, and in a Wall Street Journal editorial, all of which indicated his departure from the field.
Standing in Hiring-Related Claims
The ruling highlights the importance of establishing standing in hiring-related claims. According to the court, a plaintiff challenging a discriminatory hiring process can establish standing by demonstrating that they are “able and ready to apply” but a discriminatory policy prevents them from doing so on equal footing.
In this case, Judge Suddaby found that the plaintiff was “perhaps able but not ready” to apply for positions at Cornell. The plaintiff’s stated disinterest in applying to institutions requiring DEI statements further weakened his case for standing.
DEI Initiatives and Hiring Practices
The plaintiff’s opposition to DEI initiatives in academic institutions was a key factor in the judge‘s decision. Suddaby noted that the plaintiff’s refusal to apply to institutions with DEI components indicated he was not reasonably ready to apply for employment at Cornell, which has a stated commitment to such initiatives.
This case comes amid a broader debate over DEI-based discrimination, particularly against majority-group plaintiffs. A recent ruling in Florida allowed a group of White male employees to proceed with a lawsuit against Danaher Corp., alleging discrimination based on the company’s DEI policies.
The U.S. Equal Employment Opportunity Commission (EEOC) has also focused on investigating the allegedly discriminatory impact of DEI initiatives on hiring practices, targeting high-profile institutions like Harvard University and The New York Times.
Richard Lawson, litigation vice-chair for the America First Policy Institute, stated that they are reviewing the order and remain committed to fighting unlawful discrimination on behalf of the plaintiff.
