Can I designate a program, course, activity, or position solely for underrepresented groups?

Generally, no. As a rule, federal non-discrimination laws do not permit institutions to differentiate based on any protected status—including sex, race, or other factors—even where the beneficiary group may have been historically underrepresented in a particular area. While a few narrow exceptions exist for things like single-sex sororities, fraternities, and athletics teams, these are rare and governed by specific regulations.

Consequently, university departments and organizations generally must ensure that participation opportunities are equally available to all, without regard to any protected status.

FAQ Section