Secret footage shows the white Berkeley law dean appearing to tell the class that he illegally discriminates against potential hires to promote diversity – and boasts he will deny it if he’s fired
- The dean of the Berkeley legal department, Erwin Chemerinsky, appears to claim that he secretly discriminates when hiring employees to promote diversity
- The California State Constitution has prohibited affirmative action in “public employment, public education, or public procurement” since 1996.
- Chemerinsky said, “The law school strictly adheres to Proposition 209 in all hiring and admissions decisions.”
Erwin Chemerinsky, Dean of Law at Berkeley, was filmed suggesting to a class that he was illegally discriminating against potential hires in order to promote racial diversity.
Chemerinsky is seen explaining to students how “unspoken affirmative action” can be achieved when a college or university “doesn’t tell anyone about it and doesn’t make public statements about it.”
“I’ll give you an example from our law school, but if I’m ever deposed, I’ll deny I told you that,” he continued.
“When we hire teachers, we recognize that diversity is important to us and we say diversity is important, that’s a good way to say it.”
The undated video, tweeted by a University of California academic by critical opponent of race theory Christopher Rufo, surfaced in the days after the Supreme Court ruled against affirmative action in college admissions.
Affirmative action has been illegal in California — where Berkeley is based — since 1996, and the tablet screen visible on Chemerinsky’s desk suggests the clip is an actual clip.
Erwin Chemerinsky, Dean of Law at Berkeley, was filmed telling a class that he unlawfully discriminates against potential hires to promote diversity
Chemerinsky said he was “very cautious when we hold a faculty selection committee meeting if someone says, ‘We should really favor this candidate because that person would bring diversity’ — don’t say that!”
“You can think about it, you can vote on it, but our discussions are not privileged, so never articulate that you do.”
The law school dean said it was “easier for hiring teachers” but less so for “student admissions” for “statistical reasons”.
Proposition 209 is a California election proposal that, after its approval in November 1996, changed the state constitution.
Chemerinsky said he was “sad” that someone in his class took a video and “cut it out this way,” adding, “The law school strictly adheres to Proposition 209 in all hiring and admissions decisions.”
It prohibits state government institutions from taking race, gender or ethnicity into account, particularly in the areas of public employment, public procurement and public education.
In 2020, the University of California supported a ballot initiative to repeal Prop 209, but state voters rejected the change 57 percent to 43 percent, meaning affirmative action remains illegal there.
Chemerinsky told Fox News he was “sad” that someone in his class took a video and “cut it out that way.”
“The law school strictly adheres to Proposition 209 in all hiring and admissions decisions,” he said.
has reached out to Chemerinsky and Berkeley for comment.
There was excitement on Twitter when a video surfaced calling Chemerinsky “shockingly wrong” for admitting that he would break the law because of his political views.
“Not only does he tell you he’s breaking the law, he’s also announcing that if he ever speaks out on the matter, he will commit perjury,” one user said.
Another said: “This is such a crucial point.” “Schools and businesses should strive for diversity in perspective and thought, not just race and sexual preference.”
McCormick Law Professor and Princeton Academician Robert P. George said the video showed a “lack of diversity and perspectives” on the faculty.
“What Dean Chemerinsky reveals most glaringly here is the lack of diversity — diversity of viewpoints — in his faculty,” he wrote.
“He can tell them what he says to them when they break the law *only* because he can count on them to share his ideological commitments.”