News & Analysis as of

Affirmative Action Equal Protection

Rumberger | Kirk

Should Diversity, Equity and Inclusion Policies Vanish After Landmark Supreme Court Ruling?

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Last June, the United States Supreme Court held in Students for Fair Admissions, Inc. v. President & Fellows of Harvard Coll that affirmative action policies at universities violate the Constitution’s Equal Protection Clause...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

DEI Under Scrutiny, Part VI: Supreme Court Declines to Hear Case Over Race-Neutral Measures Allegedly Intended to Increase Racial...

The Supreme Court of the United States declined to review a case alleging that facially race-neutral admissions criteria at a selective Virginia public high school were unlawfully intended to strike a racial balance, leaving...more

Mayer Brown

Affirmative Action - What Steps can Businesses Take?

Mayer Brown on

Although there is no explicit regulation or legislation that provides for this, it can be implied under the anti-discrimination laws in Singapore that employers are permitted to take affirmative action in the workplace in...more

Bowditch & Dewey

Supreme Court Allows West Point to Continue to Use Race in Admissions (For Now)

Bowditch & Dewey on

On June 29, 2023, admissions policies and practices of many higher ed institutions were forced to pivot when the U.S. Supreme Court ruled that using race to make admissions decisions violated the Equal Protection Clause of...more

Akin Gump Strauss Hauer & Feld LLP

Reviewing the 2022 SCOTUS Term

In this special episode, Akin Supreme Court and appellate practice head Pratik Shah and partner Aileen McGrath look back at the tumultuous 2022 Supreme Court Term....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

Greenberg Glusker LLP

[Webinar] What’s Next for DEI Initiatives in the Wake of the SCOTUS Affirmative Action Decision? - January 24th, 10:00 am - 11:00...

Greenberg Glusker LLP on

This presentation will include: - Case discussion - Decision's implications for clients, law firms, and courts - Potential solutions...more

Dunlap Bennett & Ludwig PLLC

The “New” Narrative Requirement In SBA 8(a): Business Development Program Eligibility For Socially And Economically Disadvantaged...

The US Small Business Administration (“SBA”) has a long history of supporting socially and economically disadvantaged business owners under Title 15, Chapter 14A, Sections 636(j)(10) and 637(a) of the United States Code. One...more

Venable LLP

The Supreme Court Cases Employers Should Be Keeping an Eye on in the New Term

Venable LLP on

Earlier this year, we wrote about some of the major cases and legal developments for employers to watch in 2023. With the start of the U.S. Supreme Court's new term last month, we are back to provide insight into the next...more

Jackson Lewis P.C.

Anti-Affirmative Action Organization Challenges Race Considerations in Military Academy Admissions

Jackson Lewis P.C. on

Continuing its efforts questioning the constitutionality of the use of race in higher education admissions, Students for Fair Admissions (SFFA) has filed a lawsuit in the District of Maryland against the U.S. Naval Academy on...more

Mintz - Employment Viewpoints

Nasdaq’s “Show and Tell” Diversity Disclosure Survives Initial Challenge

The Fifth Circuit has rejected the challenge to Nasdaq’s “show and tell” diversity rule that requires Nasdaq companies to publicly disclose the makeup of their boards. In Alliance for Fair Board Recruitment, National Center...more

Foley & Lardner LLP

Caution Advised: Use of DEI Performance Goals in Incentive Compensation

Foley & Lardner LLP on

Recent court decisions have ruled that certain race-based college admissions programs violated the Equal Protection Clause of the Fourteenth Amendment of the U.S. Constitution. While these decisions do not apply directly to...more

Rumberger | Kirk

How HR Can Navigate The Post-Affirmative Action Landscape

Rumberger | Kirk on

From campus to corporate - Highlights: The Supreme Court’s affirmative action ruling may influence workplace diversity efforts significantly. Title VII implications from the Equal Protection Clause interpretation...more

McGuireWoods LLP

SBA Issues Interim Guidance After Ultima Decision Finds 8(a) Program Violates Equal Protection

McGuireWoods LLP on

On July 19, 2023, in Ultima Services Corp. v. U.S. Department of Agriculture, the U.S. District Court for the Eastern District of Tennessee enjoined the U.S. Small Business Administration (SBA) from determining federal...more

Skadden, Arps, Slate, Meagher & Flom LLP

Corporate DEI Policies Face Scrutiny Following SCOTUS Affirmative Action Decision

The U.S. Supreme Court struck down race-based affirmative action in higher education in June 2023, effectively foreclosing the consideration of race in and of itself in that context. Although the Court’s decision was...more

Fisher Phillips

Did Workplace DEI Programs DIE Following the Supreme Court’s Affirmative Action Decision? 6 Steps You Should Take to Ensure...

Fisher Phillips on

It’s been nearly two months since the Supreme Court struck down affirmative action in college admissions – and many employers are still wondering whether their workplace Diversity, Equity & Inclusion programs are still legal...more

Fisher Phillips

6 Steps for Private and Independent Schools in the Wake of the SCOTUS Affirmative Action Ruling

Fisher Phillips on

Seeing the barrage of lawsuits following the United States Supreme Court’s recent decision regarding the use of race in admissions in higher education has left many in K-12 independent and private schools scratching their...more

Robinson Bradshaw

The Supreme Court’s SFFA Decision: Impacts on Corporate DEI Initiatives

Robinson Bradshaw on

On June 29, the Supreme Court struck down Harvard and UNC’s race-conscious admissions programs with a precedential holding that effectively ends affirmative action in the education context. Though the Students for Fair...more

Akerman LLP

Navigating the Affirmative Action Prohibition

Akerman LLP on

The Supreme Court made history when it issued its long-awaited opinion regarding the constitutionality of affirmative action in Harvard College and University of North Carolina cases. As our practice update explained, SCOTUS...more

Proskauer Rose LLP

Implications of U.S. Supreme Court Decision Overturning Affirmative Action Precedent in Higher Education

Proskauer Rose LLP on

On June 29, 2023, the U.S. Supreme Court ruled in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College that race-conscious admissions programs at Harvard College and the University of North Carolina...more

Faegre Drinker Biddle & Reath LLP

The Impact of the Supreme Court’s Harvard/UNC Decision on the Nonprofit Sector

Earlier this summer, the U.S. Supreme Court decided Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, No-20-1199, and Students for Fair Admissions Inc. v. University of North Carolina et. al, No....more

Jackson Lewis P.C.

Ten DEI Steps Employers Should Consider Now

Jackson Lewis P.C. on

The U.S. Supreme Court held the use of race in university and college admissions is unconstitutional in its Students for Fair Admissions, Inc. decisions on June 29, 2023. The Court’s ruling directly addresses only the...more

Woods Rogers

[Event] Back on Track: 42nd Annual Labor & Employment Seminars - October 27th, Roanoke, VA

Woods Rogers on

Building a better workplace requires endurance and determination. But when you manage people, it’s easy to get off track. Everyone needs a trainer who can help them keep their eyes on the prize: a workplace that is good for...more

Woods Rogers

[Event] Back on Track: 42nd Annual Labor & Employment Seminars - October 26th, Charlottesville, VA

Woods Rogers on

Building a better workplace requires endurance and determination. But when you manage people, it’s easy to get off track. Everyone needs a trainer who can help them keep their eyes on the prize: a workplace that is good for...more

Woods Rogers

[Event] Back on Track: 42nd Annual Labor & Employment Seminars - October 25th, Lynchburg, VA

Woods Rogers on

Building a better workplace requires endurance and determination. But when you manage people, it’s easy to get off track. Everyone needs a trainer who can help them keep their eyes on the prize: a workplace that is good for...more

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