The judge tossed the suit after the university argued a new state law that will go into effect in January, Senate Bill 17, already prohibits preferential treatment in hiring at public universities.
, The Texas Tribune’s daily newsletter that keeps readers up to speed on the most essential Texas news.brought against Texas A&M University claiming a faculty fellowship program at the flagship in College Station discriminated against white and Asian male candidates.
Lowery has not applied to a position at Texas A&M and, according to the lawsuit, “refuses to do so until his application will be considered on what he perceives to be an equal basis.” He said he believed he could be a strong candidate if he were to apply for a job with the university; however, the judge ruled that Lowery cannot assume ongoing discrimination exists if he is not a candidate for a position.
Neither Lowery nor Mitchell responded to a request for comment Friday. The Texas A&M System sent a press release announcing the court’s decision, but a system spokesperson said the system did not have a comment on the ruling itself. According to Texas A&M’s announcement of the new fellowship program in July 2022, the university identified underrepresented groups as African Americans, Hispanic and Latino Americans, Native Americans, Alaskan Natives and Native Hawaiians.
Earlier this year, Lowery dismissed the claim against the system and filed an amended complaint just against the university, its former president and other administrators. In February, the university filed another motion to dismiss. Texas A&M argued that SB 17 already requires the university to change any hiring practices that provide now-unlawful preferences to different groups of people and submitted a memo from the university’s ethics and compliance officer indicating the school has begun to comply with the law.
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