Federal agencies have alleged after an investigation that the UC Berkeley School of Law discriminated against white and Asian applicants based on race.
A joint investigation by the U.S. Department of Justice and the Department of Education found that the school violated the Civil Rights Act of 1964, which prohibits discrimination based on race or color, the DOJ said in a news release Wednesday.
The school also went against the U.S. Supreme Court’s decision in a 2023 case — Students for Fair Admissions v. Harvard — which banned race discrimination in higher education, the DOJ said.
“Berkeley Law School’s deliberate efforts to circumvent the Supreme Court’s decision in SFFA demonstrate a complete disregard for the rule of law,” said Assistant Attorney General Harmeet Dhillon from the DOJ’s Civil Rights Division in the news release. “The Department will continue to aggressively pursue compliance from schools who attempt to racially manipulate their student bodies in violation of federal law.”
The investigation found that the school used race as a criterion in admission decisions to meet its diversity goals and discriminated against white and Asian applicants in favor of Black applicants.
In 2025, Black applicants applying to the school had a 5.8 times better chance of securing admission than white applicants, the DOJ’s news release said.
Berkeley Law disputes DOJ’s findings
In response, the UC Berkeley School of Law has maintained that it complies with federal laws and Proposition 209, a 1996 California measure that prohibited affirmative action programs in public employment and public education in the state.
“Our admissions policy is clear that race is not considered in any way in admissions decisions,” said Erwin Chemerinsky, dean of the UC Berkeley School of Law, in an email statement. “Proposition 209, federal statutes, and the Supreme Court’s decisions do not preclude schools from pursuing diversity so long as they give no preferences based on race. Berkeley Law does not do so.”
The DOJ said that it will continue to investigate compliance with federal non-discrimination laws and will engage in settlement negotiations with the law school for violations.
The agency said it will file suit if settlement negotiations fail.
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