#shorts Kennedy: But if I hire somebody, suppose, can I, as an American, legally, constitutionally, morally say, “I’m only going to hire Asian Americans, anybody else of any different ethnic background need not apply”? Is that moral? Is that constitutional?

Tabak: Well, I’m… God knows I’m not a lawyer, but, sir…
Kennedy: But you’re a human being.

Tabak: To get to a faculty-level position is a multi-step process, and very often highly qualified candidates are never even considered because of where they train, where they’re from, or what they look like.

Kennedy: Yeah, but do you think… Well, none of that is fair. I think I don’t think you’re answering my question. Do you think it’s right for an institution, using money that you gave them, to say if you believe in racial equality and you say you want to treat everybody the same, a big old hook comes out and around their neck and pulls them off the stage and they say, “You’re not going to be hired”? Do you think that’s right?

Tabak: I just don’t… I would need to understand the context, sir, and I really don’t know what these institutions are saying to candidates, and I will certainly find out.

Kennedy: Well, I’m gonna follow up. I want to know. Fair enough. I mean, that’s how they spent taxpayer money that you gave them, and I’m going to follow up, and I wish you would too. This disturbs me because I don’t think that’s lawful.

Tabak: We will certainly get back to you, sir, with what we find.

On 5/4/2023, Sen. John Kennedy (R-La.), ranking member of the Senate Appropriations questioned NIH Dir. Tabak. The official could not or would not provide clear answers.

Q: Is that moral? Is that constitutional? only hire Asian Americans, anybody else need not apply