Federal law prohibits race-based discrimination in hiring and contracting. Texas A&M created a faculty hiring program with dedicated funding and positions set aside for candidates from “underrepresented minority groups.” In short, instead of considering applicants based on their qualifications, Texas A&M sought to reserve certain positions for candidates based solely on their skin color.
AFL sued on behalf of a professor who does not qualify for the discriminatory program because of his skin color.
The case was dismissed. It is currently on appeal at the U.S. Court of Appeals for the Fifth Circuit.