News & Analysis as of September 17, 2024

Diversity and Inclusion Standards (D&I)

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The Equal Protection Clause is a section of the 14th Amendment to the United States Constitution that provides that "no state shall...deny to any citizen within its jurisdiction the equal protection of the laws." Essentially, the Equal Protection Clause provides that the government must treat an individual the same way that it treats other individuals in the same circumstances. The 14th Amendment Equal Protection Clause applies only to state governments, but the requirements of the clause apply to the federal government through the Due Process Clause of the 5th Amendment. less -

Diversity Matters Newsletter Spring 2024 Edition

Weber Gallagher Simpson Stapleton Fires &... on 4/11/2024

“Our people made that choice, the choice to go to Sameness... We relinquished color when we relinquished sunshine and did away with a difference. We gained control of many things. But we had to let go of others.” -The...more

Corporate DEI Policies Face Scrutiny Following SCOTUS Affirmative Action Decision

Skadden, Arps, Slate, Meagher & Flom LLP on 9/21/2023

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

Ten DEI Steps Employers Should Consider Now

Jackson Lewis P.C. on 9/6/2023

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

Reviewing Workplace DEI Practices in Light of Students for Fair Admissions Ruling

Butler Snow LLP on 8/7/2023

On June 29, 2023, the United States Supreme Court found affirmative action in the college admissions programs of two well-known universities to be unconstitutional. Despite the opinion only addressing two specific college...more

Impact of U.S. Supreme Court's Affirmative Action Decision on Private Employer DEI Programs and Recommendations for Employers

Husch Blackwell LLP on 8/1/2023

By now, most private employers are familiar with the recent U.S. Supreme Court decision on affirmative action, Students for Fair Admissions v. Harvard (SFFA), which arises in the context of college admissions. The Court held...more

The Future of Employer-Sponsored Voluntary DEI Programs After Students for Fair Admissions, Inc. v. President and Fellows of...

Williams Mullen on 7/31/2023

In Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, et al., the U.S. Supreme Court ruled that the admissions practices used by Harvard University and the University of North Carolina, which...more

Shaking the Foundations of DEI? The Impact of the Students for Fair Admissions Decision on Corporate Diversity Initiatives

FordHarrison on 7/25/2023

Executive Summary: On June 23, 2023, the U.S. Supreme Court overturned a 20-year precedent in two lawsuits: Students for Fair Admissions v. President and Fellows of Harvard College and Students for Fair Admissions v....more

A Rejection Letter from the Supreme Court on Race-Based Admissions Programs: Will Companies’ DEI Programs Suffer a Similar Fate?

Adler Pollock & Sheehan P.C. on 7/24/2023

On June 29, 2023, the United States Supreme Court issued a decision that will potentially shape the college admissions process for generations of students. In Students for Fair Admissions, Inc. v. President & Fellows of...more

Federal Contractors and Employers with DEI Initiatives: Three Takeaways from SCOTUS Decision Striking Down Racial Preferences

Husch Blackwell LLP on 7/12/2023

On June 29, 2023, in a 6-3 decision authored by Chief Justice Roberts, Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, the U.S. Supreme Court (“Court” or “Supreme Court”) held that college and...more

Will the Supreme Court’s Decision Rejecting Race-Conscious College Admission Programs Impact Corporate DEI Initiatives?

Foley & Lardner LLP on 7/11/2023

On June 29, 2023, the U.S. Supreme Court decided that the use of race by Harvard University and the University of North Carolina in their student admissions programs violates the Equal Protection Clause of the 14th Amendment...more

Now What? Practical Tips for Colleges After U.S. Supreme Court's Affirmative Action Ruling

Parker Poe Adams & Bernstein LLP on 7/11/2023

College and university admissions will now be more subjective, complex, and — as a result — expensive for many schools. Those are a few takeaways from the U.S. Supreme Court’s ruling on June 29 effectively ending affirmative...more

Employment Recruitment and DEI Initiatives Following the Supreme Court’s Affirmative Action Decision

Venable LLP on 7/11/2023

On June 29, 2023, the Supreme Court effectively overturned long-standing affirmative action precedent and held that race-conscious college admissions programs violate the Equal Protection Clause of the Fourteenth Amendment...more

No More Affirmative Action: What Does the Supreme Court’s Decision Mean for Independent Schools?

Venable LLP on 7/7/2023

On June 29, 2023, in a set of consolidated cases (Students for Fair Admissions v. Presidents & Fellows of Harvard and Students for Fair Admissions v. University of North Carolina et al.), the Supreme Court overturned...more

Supreme Court Restricts Use of Race in College Admissions; Decision Could Impact Employers as Well

Lathrop GPM on 7/7/2023

On June 29, 2023, the United States Supreme Court issued a landmark ruling sharply restricting the use of race in college admissions. The Court’s decision immediately reshaped the landscape of student affirmative action...more

College Legacy Admission Preferences Called Into Question in New Challenge

McGuireWoods LLP on 7/7/2023

On July 3, 2023, just days after the U.S. Supreme Court’s landmark decision in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College (SFFA), a new challenge is arising related to collegiate admissions....more

Seven Pressing Questions Following the Supreme Court’s Admissions Decision

Perkins Coie on 7/6/2023

On June 29, 2023, the U.S. Supreme Court issued its landmark decision in two cases challenging universities’ consideration of race as a factor in student admissions: Students for Fair Admissions v. President and Fellows of...more

The Academic Advisor - Education Law Insights, Issue 6, June 2023

Spilman Thomas & Battle, PLLC on 7/5/2023

Supreme Court Blocks Use of Race in Harvard, UNC Admissions in Blow to Diversity Efforts - "In one of its most closely watched cases this year, the court ruled along ideological lines that the way the schools approached race...more

Rulings Expected Soon on Supreme Court Harvard and UNC Cases That Address Race-Conscious Policies in College Admissions

Seyfarth Shaw LLP on 6/5/2023

Seyfarth Synopsis: Companies have been following with interest the Harvard and UNC cases that address affirmative action in the context of higher education. Both cases were argued before the Supreme Court on October 31, 2022...more

Race-Conscious Admissions: Where We Are and What's Ahead

Foley Hoag LLP on 5/17/2023

As this academic year comes to a close, higher education institutions are waiting to see what the future holds for race-conscious admissions. As these institutions are well aware, the Supreme Court heard oral arguments in...more

Two Civil Rights Groups Sued The Trump Administration To Stop EO 13950

DirectEmployers Association on 11/2/2020

The National Urban League and the National Fair Housing Alliance, both which are covered federal Government contractors and federal grant recipients, filed suit in the federal District Court for the District of Columbia....more

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