News & Analysis as of

Students for Fair Admissions v University of North Carolina

Constangy, Brooks, Smith & Prophete, LLP

The inexorable zero. The assault on workplace DEI. And four tips for avoiding the attack.

Inexorable. Something that cannot be moved, stopped, persuaded, or altered. In Title VII parlance, the "inexorable zero" is the complete absence of a protected group from a workforce or job classification. When accompanied...more

Constangy, Brooks, Smith & Prophete, LLP

Federal court dismisses one of first post-SFFA lawsuits alleging “reverse” discrimination

Spoiler alert: DEI policy wasn't enough to establish discrimination. Five journalists who were formerly employed with Gannett Co., Inc., alleged that the media company’s diversity policies resulted in “reverse”...more

DCI Consulting

What’s in a Name? Replacing ‘Affirmative Action’ with ‘Non-Discrimination in Employment Plan’

DCI Consulting on

In June 2023, the Supreme Court made a landmark decision in Students for Fair Admissions, Inc. (SFFA) v. President & Fellows of Harvard College (Harvard) and SFFA v. University of North Carolina (UNC), ruling 6-3 that the...more

Jenner & Block

One Year Later: The Implications of SFFA for Corporate America

Jenner & Block on

On June 29, 2024, one year passed since the Supreme Court’s landmark decision in Students for Fair Admissions (SFFA), which overturned fifty years of legal precedent in striking down the race-conscious admissions programs at...more

WilmerHale

Corporate DEI Landscape - One Year After SFFA

WilmerHale on

In the year since the Supreme Court’s highly anticipated decision in Students for Fair Admissions v. Harvard and Students for Fair Admissions v. University of North Carolina (SFFA), effectively eliminating race-conscious...more

Moore & Van Allen PLLC

What 2 Rulings On Standing Mean For DEI Litigation

Moore & Van Allen PLLC on

Two recent federal court decisions shed new light on the ongoing wave of challenges to diversity, equity and inclusion initiatives following the U.S. Supreme Court's decision one year ago in Students for Fair Admissions v....more

Morgan Lewis

DEI and Best Practices in Corporate America: Harvard/UNC One Year Later

Morgan Lewis on

All eyes were on the US Supreme Court in June 2023 as the justices were poised to issue their decision in Students for Fair Admissions v. Harvard & UNC. As colleges and universities awaited the decision and wondered what it...more

WilmerHale

Eleventh Circuit Temporarily Blocks Fearless Fund Grant Program For Black Women-Owned Businesses

WilmerHale on

On June 3, 2024, the Eleventh Circuit authorized a preliminary injunction in American Alliance for Equal Rights v. Fearless Fund Management, LLC et al., ruling that a grant contest that awards funding and mentorship...more

Maynard Nexsen

Work This Way: A Labor & Employment Law Podcast - Episode 19: Diversity, Equity, & Inclusion in the Workplace with Stephanie Mays,...

Maynard Nexsen on

For episode 19, Tina and Christy welcome Maynard Nexsen labor & employment attorney Stephanie Mays, who also serves as the Chief Talent Officer for the firm. We dive into the Students for Fair Admissions cases and how it...more

Jenner & Block

[Ongoing Program] CLE Relay – Session 2 – One Year Later: DEI in a Post-SFFA World - May 17th, 10:00 am - 11:00 am PDT

Jenner & Block on

Challenges to corporate diversity, equity, and inclusion programs have gained momentum over the past year. As challengers refine their legal strategies, companies need a new playbook to protect and improve their DEI programs...more

Cranfill Sumner LLP

The Race to Diversity in School Admissions Continues: What the Supreme Court’s Decision in Coalition for TJ v. Fairfax County...

Cranfill Sumner LLP on

The Supreme Court declined to review the Fourth Circuit Court of Appeals’ ruling that a Virginia high school’s admissions policy did not violate the Constitution, nor was its goal of creating a diverse student body...more

PilieroMazza PLLC

Federal Judge Orders Minority Business Development Agency to Serve All Business Owners Regardless of Race

PilieroMazza PLLC on

On March 5, 2024, a federal judge ordered the Department of Commerce’s Minority Business Development Agency (MBDA) to immediately stop considering a business owner’s race or ethnicity in determining whether an applicant may...more

Foley Hoag LLP - White Collar Law &...

Reflecting on Higher Education Compliance and Investigations Trends in 2023 and Looking Ahead to 2024

This is the fifth in our 2024 Year in Preview series examining important trends in white collar law and investigations in the coming year. We will be posting further installments in the series throughout the next several...more

Alston & Bird

DEI on Campus: These Invitations Claim Rigorous Hope

Alston & Bird on

How can colleges and universities respond to the U.S. Supreme Court’s Students for Fair Admissions decision? Alston & Bird and Huron Consulting offer strategies institutions can use to retain their diversity, equity, and...more

Poyner Spruill LLP

U.S. Supreme Court Denies Certiorari in Race-Neutral Admissions Policy Case

Poyner Spruill LLP on

On February 20, 2024, the United States Supreme Court declined to hear a case challenging a “race-neutral” admissions policy at a public magnet high school in Fairfax County, Virginia....more

McGuireWoods LLP

SCOTUS Permits Military Academy to Use Race as a Factor in Student Admissions — for Now

McGuireWoods LLP on

Affirmative action admissions developments in the higher education sector continue, as the U.S. Supreme Court recently declined to issue an emergency injunction pending appeal that would have prohibited the U.S. Military...more

Mitratech Holdings, Inc

Out With the Old Compliance Year … In With the New

As 2023 ends, despite the visions of sugar plums dancing in your head, it is a good time to take stock of government initiatives affecting your Affirmative Action practice, the better to get ready for 2024. Many things...more

McCarter & English, LLP

Developing Effective and Legally Compliant DEI Policies

Corporate policies on diversity, equity, and inclusion (DEI) are being subjected to increased scrutiny and legal challenges even as the US workforce becomes more diverse on nearly every measure—race, sex, gender identity,...more

Davis Wright Tremaine LLP

Project W - Diversity, Equity, and Inclusion: Charting a Path Forward

With the recent spate of legal challenges against DEI initiatives, business leaders are being forced to balance their commitment to principles of diversity, equity, and inclusion with the risk of costly and time-consuming...more

Jenner & Block

DEI in the Crosshairs: Reflections On 2023 And Predictions For 2024

Jenner & Block on

From the classroom to the boardroom, attacks on diversity, equity, and inclusion (DEI) gained significant momentum in 2023. Bolstered by their victory at the Supreme Court in the Students for Fair Admissions (SFFA) cases,...more

Faegre Drinker Biddle & Reath LLP

U.S. Department of Education Publishes Guidance on Permissible Strategies to Increase Diversity and Opportunity in Higher...

In the wake of the U.S. Supreme Court’s decision in Students for Fair Admissions, many postsecondary institutions have engaged in a review of their recruiting, admissions, and other policies and procedures. To guide...more

Spilman Thomas & Battle, PLLC

The Impact of the Supreme Court’s Decision on Affirmative Action in Education on Workplace DEI

In June 2023, the United States Supreme Court issued rulings in two related cases: Students for Fair Admissions, Inc. v. President & Fellows of Harvard College and SFFA v. University of North Carolina, Nos. 20-1199 & 21-707,...more

Conn Kavanaugh

Supreme Court Decision May Impact Your Company’s Diversity, Equity, and Inclusion Initiatives

Conn Kavanaugh on

The U.S. Supreme Court recently held that it is illegal to consider race in college admissions decisions. While the decision did not apply to employers, employers should be aware that the decision is being used as a roadmap...more

Skadden, Arps, Slate, Meagher & Flom LLP

2024 Insights: ESG

The Supreme Court’s Affirmative Action Opinion Continues To Spawn Challenges to DEI Programs - Businesses can expect continued challenges to DEI programs, as emboldened opponents to these programs seek to expand the reach...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Supreme Court’s Affirmative Action Opinion Continues To Spawn Challenges to DEI Programs

Key Points - - In the wake of the Supreme Court’s decision in Students for Fair Admissions, challenges to DEI initiatives have focused on programs that facially appear to provide a zero-sum advantage based on protected...more

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