Affirmative Action Ruling Prompts Challenge to Harvard’s Legacy Admissions by Activists

A civil rights organization is contesting legacy admissions at Harvard University, asserting that this practice promotes racial discrimination by unfairly benefiting predominantly white alumni children.

This challenge represents the latest initiative in the increasing resistance against legacy admissions, a system where admissions preference is given to alumni offspring. The backlash has surged following the Supreme Court’s recent decision to terminate affirmative action in college admissions.

The complaint was lodged on Monday by Lawyers for Civil Rights, a Boston-based nonprofit organization, representing Black and Latino community associations in New England. They argue that Harvard’s admissions procedure infringes on the Civil Rights Act.

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According to Ivan Espinoza-Madrigal, the group’s executive director, “Why should we reward children for the privileges and benefits garnered by their forebears? Neither one’s family name nor bank balance should influence college admissions, as they do not indicate merit.”

Critics argue that without affirmative action as a counterbalance, this practice is no longer justifiable. Although colleges are now required to disregard an applicant’s race, schools may still provide advantages to alumni and donors’ children.

Ed Mobilizer is leading a separate campaign, persuading alumni from 30 esteemed colleges to cease donations until their schools abolish legacy admissions. This campaign is also focusing on Harvard and other Ivy League institutions.

Last week, President Joe Biden suggested universities reconsider this practice, stating that legacy admissions “perpetuate privilege rather than opportunity.”

In response to the court’s decision, several Democrats in Congress along with Republicans, including Sen. Tim Scott from South Carolina, who is pursuing the GOP presidential nomination, called for the policy’s termination.

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The recent complaint, filed with the Education Department’s Office for Civil Rights, utilizes Harvard data unearthed during the affirmative action case presented to the Supreme Court. The data showed that 70% of Harvard’s donor-related and legacy applicants are white, and that being a legacy applicant significantly increases admission likelihood.

The complaint also highlights colleges like Amherst College and Johns Hopkins University that have discontinued the practice due to fairness concerns.

The complaint alleges that Harvard’s legacy preference is not merit-based and restricts opportunities for qualified students of color. It implores the U.S. Education Department to declare the practice unlawful and compel Harvard to discard it as long as the university receives federal funding.

Harvard declined to comment on the complaint but reaffirmed its commitment to a diverse community that underpins transformative teaching, learning, and research in a prepared statement.

The complaint was lodged on behalf of the Chica Project, African Community Economic Development of New England, and the Greater Boston Latino Network.

The complaint states, “A slot offered to a legacy or donor-related applicant is a slot denied to an applicant who satisfies the admissions criteria purely on their own merit.” If preferences for legacy and donors were eliminated, “a greater number of students of color would be admitted to Harvard.”

The extent to which schools offer a legacy boost and its overall impact remain unclear. For example, last year in California, where state law mandates schools to reveal such practice, both the University of Southern California and Stanford reported that 14% of admitted students had family connections to alumni or donors.

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More about Harvard legacy admissions challenge

• Harvard University
• Lawyers for Civil Rights
• Supreme Court’s Decision on Affirmative Action
• Civil Rights Act
• Ed Mobilizer