DOJ launches investigation into DEI hiring practices at George Mason University

The US Department of Justice (DOJ) has launched a formal investigation into George Mason University (GMU) to determine whether the institution has engaged in discriminatory employment practices based on race and sex, potentially violating federal civil rights law by using diversity, equity, and inclusion (DEI) standards.

The DOJ's Civil Rights Division announced the probe on Thursday, citing concerns that GMU, under the leadership of President Gregory Washington, may be using race and sex as determining factors in faculty hiring, promotion, and tenure decisions to meet internal diversity targets. The investigation is being initiated under Section 707 of Title VII of the Civil Rights Act of 1964, which prohibits employers, including public universities, from discriminating based on race, color, religion, sex, or national origin.

“It is unlawful and un-American to deny equal access to employment opportunities on the basis of race and sex,” said Assistant Attorney General Harmeet K. Dhillon. “When employers screen out qualified candidates from the hiring process, they not only erode trust in our public institutions, they violate the law, and the Justice Department will investigate accordingly.”

The letter, sent to GMU’s Board of Visitors, lays out the legal basis for the probe and outlines the department’s concerns. It notes that the Attorney General is obligated to act when there is “reasonable cause to believe” a public employer is engaged in a pattern or practice of unlawful discrimination. That obligation, the letter explains, includes taking legal action if necessary.

The investigation stems from a review of university communications, internal documents, and public statements made by Washington that, according to the DOJ, raise red flags. These materials suggest that hiring practices at GMU may have been intentionally designed to prefer candidates of certain racial backgrounds or sexes to satisfy diversity metrics.

“We have reason to believe that during Gregory Washington's tenure as president of GMU, race and sex have been motivating factors,” the DOJ wrote in its July 17 letter. “Our investigation will determine whether this constitutes a violation of Title VII.”

Although the DOJ has not released all the evidence it is reviewing, the letter references multiple examples of hiring initiatives and faculty training programs where selection criteria allegedly included explicit or implicit preferences based on race and sex. These include statements from university leadership describing a commitment to hiring a certain percentage of faculty from underrepresented groups, internal guidelines emphasizing “diversity hires” as a key performance metric for department chairs, and emails suggesting that certain candidates were passed over in favor of those meeting demographic targets.

The Department emphasized that Title VII protects all individuals from discrimination, regardless of their identity, and that employment decisions must be based on merit, not on racial or gender balancing goals.

The investigation will be conducted by the Civil Rights Division’s Employment Litigation Section, which has the authority to subpoena records, interview university personnel, and, if necessary, bring the matter before a federal court. If found in violation, GMU could face legal consequences and be compelled to change its employment practices to comply with federal civil rights laws.

So far, GMU has not issued a public statement in response to the investigation. The letter was addressed to Rector Charles "Cully" Stimson of the university's Board of Visitors and shared with the university’s legal counsel at Torridon Law.

The case represents a growing trend in civil rights enforcement, with the DOJ increasingly scrutinizing public institutions' diversity, equity, and inclusion (DEI) programs for potential overreach into unlawful discrimination.