The Lawsuit
The Department of Justice will file a civil rights lawsuit against the University of Michigan on Dec. 23 over faculty hiring practices tied to diversity statements, according to two university officials familiar with the matter. The suit, brought under Title VI of the Civil Rights Act of 1964, will allege that the university's required diversity, equity, and inclusion statements for faculty applicants discriminate on the basis of race and viewpoint, the officials said.
The complaint will focus on hiring practices at the Law School, Rackham Graduate School, and the College of Literature, Science, and the Arts, one official said. The university requires applicants to submit statements describing their contributions to diversity, which the Justice Department will argue function as an ideological litmus test, the official said.
A 14-page draft complaint reviewed by the officials names the university, its Board of Regents, and several senior administrators as defendants. The filing will ask a federal judge in the Eastern District of Michigan to block enforcement of the diversity statement requirement and to order the university to return $23 million in federal grants received during the 2024 and 2025 fiscal years, the officials said.
The two university officials said the suit stems from a months-long investigation by the Justice Department's Civil Rights Division that began after the university received a records request in July. Investigators reviewed faculty job postings, hiring committee notes, and training materials from 2023 through 2025, the officials said.
The officials said investigators specifically examined whether candidates who expressed skepticism about DEI initiatives were screened out by hiring committees. The draft complaint includes internal emails in which committee members discussed applicants' diversity statements, according to one official who reviewed excerpts. The official said the emails would be cited as evidence that the statements were used to exclude candidates based on political viewpoint.
Campus Reaction
A plaintiff's attorney involved in a separate federal case against the university said the Justice Department suit would represent a significant escalation in the legal fight over DEI policies at public universities. The attorney, who is not authorized to speak for the government, said a group of conservative faculty members at Michigan has been preparing affidavits for several weeks in anticipation of the filing.
A student involved in the case said members of the University of Michigan chapter of Students for Fair Admissions received notice Dec. 18 that attorneys would file supportive briefs shortly after the government complaint. The student, who spoke on condition of anonymity because of pending litigation, said the group plans to hold a press conference Dec. 22 outside Michigan Hall in Ann Arbor.
The two university officials said the Board of Regents discussed the pending suit during a closed session Dec. 19 at the Michigan Union. Regents authorized the university's general counsel to prepare a defense and to contact outside law firms with experience in Title VI litigation, one official said.
A faculty senate member said professors in the sociology and English departments circulated a petition Dec. 17 defending the diversity statement requirement. The petition had gathered more than 400 signatures by Dec. 19, the senate member said.
University spokesperson Colleen Masterson declined to comment on the pending litigation but directed reporters to a Dec. 12 statement in which the university affirmed its commitment to inclusive hiring. The statement said diversity statements help identify faculty who can support students from a wide range of backgrounds.
What Comes Next
The lawsuit is expected to be assigned to Judge Sean Cox in the Eastern District of Michigan, one university official said. A preliminary hearing on the government's request for a preliminary injunction is tentatively scheduled for Jan. 8 at the Theodore Levin United States Courthouse in Detroit, the official said.
The Justice Department will likely seek expedited discovery, including depositions of Provost Laurie McCauley and several deans involved in faculty hiring, the second university official said. The official said the department has already subpoenaed personnel records and hiring committee evaluations from 18 faculty searches conducted between 2023 and 2025.
A plaintiff's attorney said the suit could open the door to similar actions against other large public universities that require diversity statements. The attorney said attorneys general in Ohio, Florida, and Texas have requested copies of the Michigan complaint to evaluate parallel state-level enforcement.
The University of Michigan received approximately $1.1 billion in federal research funding in fiscal year 2025, according to the university's annual budget report. A finding of Title VI liability could put a portion of that funding at risk, though federal courts typically require agencies to follow specific procedures before terminating grants, the attorney said.
Legal experts following the case said a ruling against the university could force hundreds of colleges to revise or eliminate diversity statement requirements. One expert said the Supreme Court's 2023 decision ending race-conscious admissions in Students for Fair Admissions v. Harvard provided a roadmap for challenges to DEI-related policies in employment and other contexts.
The two university officials said university leadership expects the Justice Department to announce the suit through a press release from the Civil Rights Division shortly after the Dec. 23 filing. The officials said the university will issue a statement defending its hiring practices and arguing that diversity statements are standard across higher education.
Students involved in the case said they plan to monitor the docket over the winter break and will organize campus events when classes resume Jan. 7. The plaintiff's attorney said oral arguments on the preliminary injunction could occur as early as Jan. 22, depending on the judge's schedule.
