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A federal judge for the Northern District of California threw out a lawsuit against the University of California, Santa Cruz, for requiring faculty job applicants to submit statements detailing how they would contribute to diversity, equity and inclusion efforts on campus.
Judge Edward Davila ruled to dismiss the case based not on its merits but rather on the grounds that the plaintiff, John D. Haltigan, had no right to sue since he never actually applied for the job opening he cited in the lawsuit: a tenure-track position in developmental psychology posted in July 2022.
The lawsuit notes that the UC Santa Cruz psychology department requires job candidates to submit a DEI statement; the listing for the open position said, “Initial screening of candidates will be performed using only the DEI statement and a research statement.”
According to the lawsuit, Haltigan, who has a Ph.D. in developmental psychology, said that while he desired a job at UC Santa Cruz, the DEI statement requirement conflicted with his views on “colorblind inclusivity,” “viewpoint diversity” and “merit-based evaluation.” He alleged that in order to apply, he would have been “compelled to alter his behavior and either remain silent … or recant his views to conform to the dictates of the University administration.”
Legal precedent holds that a plaintiff may challenge a selection process they are not a candidate for as long as they show they are “able and ready to bid”—a condition the judge found did not apply to Haltigan.
Other lawsuits have challenged the use of mandatory faculty DEI statements, even as some states have abandoned the requirement.
Haltigan has until Feb. 2 to file an amended complaint.
