Justice Department Intervenes Lawsuit Against MSHSAA for Board Discrimination
Summary
The DOJ Civil Rights Division intervened in a lawsuit against the Missouri State High School Activities Association (MSHSAA), alleging race and sex discrimination in board member selection. MSHSAA's constitution requires at-large board seats to be filled by candidates representing an under-represented gender or ethnicity. Dr. Merlyn Johnson, a white male, was disqualified from board candidacy solely based on these characteristics. DOJ argues MSHSAA, as a state actor, lacks a compelling interest in such quotas and violated the Equal Protection Clause of the Fourteenth Amendment.
What changed
The DOJ intervened in existing litigation against MSHSAA, a nonprofit governing interscholastic competitions for Missouri schools, alleging violations of the Equal Protection Clause through race and sex-based disqualification of board candidates. MSHSAA's constitution mandates that at-large board seats be filled by candidates representing under-represented genders or ethnicities, which DOJ argues constitutes unlawful discrimination without a compelling governmental interest. Dr. Johnson was excluded solely because he is a white male, prompting DOJ to seek a court injunction barring such discriminatory practices.
Nonprofits and educational institutions with similar governance structures should review board selection criteria for potential equal protection violations. Quota systems based on race or sex in membership or leadership roles may expose organizations to federal enforcement actions, particularly where state actors or quasi-governmental entities are involved. Organizations should consult constitutional law counsel to assess whether existing diversity requirements in governance documents comply with civil rights protections.
What to do next
- Review board selection criteria for compliance with equal protection principles
- Consult legal counsel on implications of discriminatory quota policies
- Audit governance documents for race or sex-based eligibility restrictions
Archived snapshot
Apr 8, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
News
Press Release
Justice Department Intervenes in Lawsuit Accusing Missouri State High School Activities Association of Race and Sex Discrimination in Selecting Board Members
Thursday, April 2, 2026
Share For Immediate Release Office of Public Affairs 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.
Updated April 7, 2026 Component Civil Rights Division Press Release Number: 26-314
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