Two months ago, in Fisher v. University of Texas,
the United States Supreme Court gave a lukewarm endorsement of the
University of Texas' affirmative action program geared to
attracting more students of color. Suffice it to say that the
Court's decision is limited to student admissions and the very
specific facts of that case.
Of course, the country is in the midst of an intense national
conversation on race and systemic discrimination, and as last
year's turmoil at the University of Missouri made plain, higher
education is certainly not immune from this discussion. Facing
demands from students and faculty members to address the lack of
racial minorities within their faculty ranks, university deans and
department heads are struggling to address those concerns while not
violating the law (which remains somewhat murky). This article
outlines the law regarding the consideration of race in employment
and provides straightforward, legally permissible suggestions
