News & Analysis as of November 17, 2024

Title VII

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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

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

Morgan Lewis on 6/26/2024

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

Out With the Old Compliance Year … In With the New

Mitratech Holdings, Inc on 2/12/2024

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

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

Conn Kavanaugh on 12/28/2023

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

The U.S. Supreme Court Recently Overturned Affirmative Action Precedent in Higher Education – Will Employer DEI Efforts be...

Cole Schotz on 12/13/2023

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

Still “Business as Usual”: Recent Challenges to Company DEI Efforts

Husch Blackwell LLP on 11/3/2023

On the heels of the United States Supreme Court’s decision limiting affirmative action in college admissions, we have seen an increase in workers who do not belong to historically underrepresented demographic groups filing...more

SCOTUS’ Recent Affirmative Action Decision and the Ripple Effect on DEI and AI-Powered Recruiting Platforms

Jackson Lewis P.C. on 8/31/2023

The recent U.S. Supreme Court decision striking down affirmative action in undergraduate admissions, Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, No. 20-1199 has significant implications...more

Supplier Diversity Programs Face Increased Scrutiny and Risk as the Spotlight Brightens on Corporate DEI Initiatives

Seyfarth Shaw LLP on 8/22/2023

Seyfarth Synopsis: While the potential impact on private companies’ employee-focused DEI efforts has received much attention in the wake of the recent Supreme Court higher education affirmative action cases, another strategic...more

NILG’s 2023 Phoenix Conference: Hot Topics from a Hot Place

Mitratech Holdings, Inc on 8/16/2023

The NILG Annual Conference is an excellent barometer for what is happening in equal opportunity, affirmative action and Diversity Equity and Inclusion (DEI). At this year’s Conference, held in Phoenix, the hot (pun intended,...more

The Supreme Court’s Affirmative Action Ruling: A Shift in How Private Employers Approach DEI?

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/10/2023

The Supreme Court of the United States’ recent decision to strike down affirmative action admissions policies in higher education is having significant indirect consequences for private employers and their diversity, equity,...more

Are Legacy and Donor Admissions Soon to Become a Part of the Past? The Department of Education Strikes Back Following SCOTUS...

Venable LLP on 8/10/2023

On July 24, 2023, less than a month after the Supreme Court's landmark decision striking down affirmative action practices in college admissions, the U.S. Department of Education, Office for Civil Rights (OCR) has launched an...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

Understanding the Supreme Court’s Affirmative Action Decision: What it Means for Private Employers’ DEI Programs

Husch Blackwell LLP on 8/4/2023

The Supreme Court’s recent decision on affirmative action in the SFFA v. Harvard/UNC cases has raised lots of questions for private employers. Specifically, private employers want to know what impact – if any – does the...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

July Tip of the Month: Supreme Court DEI Decisions Raise Questions for Employers

Perkins Coie on 7/28/2023

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

The Impact of the SFFA Decision: Lessons for Employers

Foley Hoag LLP on 7/24/2023

On June 29, 2023, the Supreme Court issued its highly anticipated decision in SFFA v. Harvard College and SFFA v. University of North Carolina. While the Court’s ruling has fundamentally altered the landscape for higher...more

Next Stage Considerations About the Supreme Court’s Affirmative Action Decision: How to Put the Warning Letter from the State...

Faegre Drinker Biddle & Reath LLP on 7/24/2023

As higher education institutions, state and local governments, private employers and federal contractors grapple with understanding the impacts of the U.S. Supreme Court’s decision in Students for Fair Admissions v. President...more

Client Alert: The Supreme Court Grants Certiorari in Muldrow v. City of St. Louis: How the Case Could Bolster Attacks Against...

Jenner & Block on 7/21/2023

On June 30, 2023, just one day after the Supreme Court issued its decision in the Students for Fair Admissions cases striking down race-conscious college admissions programs, the Court agreed to hear a case next Term that...more

The Supreme Court Decides Race Cannot Play a Role in College Admissions

Miles & Stockbridge P.C. on 7/14/2023

In a landmark decision, the Supreme Court held last month that race-based college admissions programs violate the U.S. Constitution’s promise of equal protection under the law. The main issue before the court in Students for...more

EO 11246 Following the Harvard-UNC Supreme Court Cases: Why Federal Contractors Should Stay the Course for Now

Morgan Lewis on 7/14/2023

The US Supreme Court’s June 29 decision in Students for Fair Admissions, Inc. v. University of North Carolina and Students for Fair Admissions, Inc. v. Harvard University (the Harvard-UNC cases), which will have a...more

Harvard and UNC [6 Things You Need to Consider for Your DEIA Program]

DCI Consulting on 7/14/2023

DCI Consulting Group (DCI) is monitoring reactions, answering questions, and releasing content related to the June 2023 Supreme Court ruling on with affirmative action in higher education. The Court's majority opinion was...more

What Does Affirmative Action’s Death Knell Mean for Employers?

Sheppard Mullin Richter & Hampton LLP on 7/13/2023

At the end of June, the U.S. Supreme Court’s decision in Students for Fair Admissions, Inc. v. President & Fellows Of Harvard College, Nos. 20-1199 & 21-707, 2023 WL 4239254 (U.S. June 29, 2023), outlawed race-based...more

Reviewing Admission Practices Following the Students for Fair Admissions Supreme Court Decision

Steptoe & Johnson PLLC on 7/13/2023

As has been widely reported in the national media, on June 29, 2023, the United States Supreme Court, in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College (SFFA), invalidated the affirmative action...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

Implications of 'Students for Fair Admissions' for Private Employers

Katten Muchin Rosenman LLP on 7/12/2023

Late last month, the Supreme Court delivered a significant ruling on affirmative action in the jointly decided cases Students for Fair Admissions v. Harvard and Students for Fair Admissions v. University of North Carolina...more

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