Justice Department Intervenes in Lawsuit Accusing Missouri State High School Activities Association of Race and Sex Discrimination in Selecting Board Members

The Justice Department's Civil Rights Division ("DOJ") intervened in a lawsuit today against the Missouri State High School Activities Association ("MSHSAA"), accusing MSHSAA of illegally classifying prospective board members based on race and sex MSHSAA is a nonprofit association of schools that governs interscholastic competitions in Missouri. MSHSAA's constitution provides that board members for at-large seats "shall be filled by a candidate representing the under-represented gender of the current Board, or an under-represented ethnicity." Dr. Merlyn Johnson, a white male, sued MSHSAA after he was nominated for the board, and MSHSAA disqualified him because of his race and sex.

"MSHSAA refused to allow Dr. Johnson to run for the board of directors solely because he is a white male," said Assistant Attorney General Harmeet K. Dhillon of the Justice Department's Civil Rights Division. "Racial and sexual quotas are offensive, demeaning - and most importantly, illegal. They are especially harmful when they exclude qualified candidates such as Dr. Johnson from public service."

The lawsuit alleges that MSHSAA has violated the Equal Protection Clause of the Fourteenth Amendment by discriminating against Dr. Johnson. DOJ argues that MSHSAA is a state actor that lacks a compelling interest in having a "diverse" board of directors. DOJ asks the court to enjoin MSHSAA from disqualifying board candidates on the basis of race or sex.