Case Particulars

Tribunal

Department of Justice, Civil Rights Division

Date Filed

May 31, 2026

Docket No.

N/A

Case Status

Complaint Filed

Case Overview

On May 31, 2026, the Equal Protection Project (EPP) filed a Civil Rights Complaint with the U.S. Department of Education’s Office for Civil Rights (OCR) against the City University of New York and New York City for their Black Male Initiative (“BMI”), which discriminates on the basis of race, color, and/or national origin in violation of Title VI.

EPP’s Complaint states:

We write to request that the Department of Justice (“DOJ”) open an investigation into and take appropriate action against the City University of New York (“CUNY”) and the City of New York (“NYC”) for creating, funding, supporting, and administering the CUNY Black Male Initiative (“BMI”), a system-wide educational program that, as described and promoted by CUNY, recruits on the basis of race and ethnicity.

 

As outlined here and in the accompanying exhibits, BMI’s structure, stated purpose, and promotion appear to violate both Title VI and the Equal Protection Clause of the Fourteenth Amendment by engaging in systemic race- and ethnicity-based recruitment in violation not only of U.S. Supreme Court authority but also DOJ guidance regarding university compliance with the civil rights laws.

The Complaint uses the BMI’s own websites to demonstrate the discriminatory nature of this program.

Next, the Complaint further explains why the program violates federal law:

CUNY and NYC, as recipients of federal financial assistance and as state actors, are subject to Title VI of the Civil Rights Act of 1964 and the Equal Protection Clause of the Fourteenth Amendment. The conduct described above—namely, the creation, funding, promotion, and administration of BMI as a program that expressly favors and recruits participation based on race, color, and ethnicity (national origin)—constitutes unlawful discrimination under both frameworks

 

Title VI prohibits intentional discrimination on the basis of race, color, or national origin in any “program or activity” that receives federal financial assistance. See 42 U.S.C. § 2000d. The term “program or activity” encompasses “all of the operations … of a college, university, or other postsecondary institution, or a public system of higher education.” See 42 U.S.C. § 2000d4a(2)(A). BMI is a “program or activity” within the meaning of Title VI. As noted in Rowles v. Curators of the University of Missouri, 983 F.3d 345, 355 (8th Cir. 2020), “Title VI prohibits discrimination on the basis of race in federally funded programs,” and therefore applies to universities receiving federal financial assistance

 

It does not matter if the recipient of federal funding discriminates in order to advance a benign “intention” or “motivation.” Bostock v. Clayton Cnty., 590 U.S. 644, 661 (2020) (“Intentionally burning down a neighbor’s house is arson, even if the perpetrator’s ultimate intention (or motivation) is only to improve the view.”); accord Automobile Workers v. Johnson Controls, Inc., 499 U.S. 187, 199 (1991) (“the absence of a malevolent motive does not convert a facially discriminatory policy into a neutral policy with a discriminatory effect” or “alter [its] intentionally discriminatory character”). “Nor does it matter if the recipient discriminates against an individual member of a protected class with the idea that doing so might favor the interests of that class as a whole or otherwise promote equality at the group level.” Students for Fair Admissions, Inc. v. President & Fellows of Harvard Coll., 600 U.S. 181, 289 (2023)(“SFFA”) (Gorsuch, J., concurring).

 

Finally, the Complaint then requests that OCR take action:

Because the discrimination outlined above is presumptively illegal, the Department of Justice has the authority and responsibility to investigate and enforce compliance with Title VI and the Equal Protection Clause of the Fourteenth Amendment. We therefore respectfully request that the Civil Rights Division open a formal investigation into CUNY’s Black Male Initiative and take appropriate enforcement action to ensure that CUNY and NYC comply with federal law.

 

OCR is evaluating EPP’s Complaint for further action.