News & Analysis as of November 16, 2024

Students for Fair Admissions v Harvard College

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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 -

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

Constangy, Brooks, Smith & Prophete, LLP on 9/11/2024

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

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

Maynard Nexsen on 5/30/2024

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

No Good Deed Goes Unpunished: When Employers’ Good Intentions Inadvertently Create Increased Risk

Proskauer Rose LLP on 5/20/2024

Employment lawsuits typically involve allegations of an employer’s wrongdoing – claims that the employer or its agents intended to and did mistreat, discriminate, or retaliate against employees. However, these “bad actor”...more

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

Foley Hoag LLP - White Collar Law &... on 2/29/2024

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

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

Spilman Thomas & Battle, PLLC on 1/4/2024

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

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

2024 Insights: ESG

Skadden, Arps, Slate, Meagher & Flom LLP on 12/15/2023

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

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

Venable LLP on 11/28/2023

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

Have You Audited Your DEIA Initiatives? If Not, You Should

FordHarrison on 11/6/2023

Executive Summary: Following the Supreme Court’s decision in SFFA v. Harvard/UNC, Attorneys General from 13 states and United States Senator Tom Cotton of Arkansas sent letters to business leaders, warning of potential legal...more

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

Fisher Phillips on 9/21/2023

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

[Event] 27th Annual Labor & Employment Seminar - October 19th, Hoffman Estates, IL

Hinshaw & Culbertson LLP on 9/15/2023

Hinshaw invites you to the 27th Annual Labor & Employment Seminar, tailored exclusively for attorneys and human resources professionals. Whether you're a legal expert or an HR specialist, this one-day seminar will provide you...more

Navigating the Affirmative Action Prohibition

Akerman LLP on 9/13/2023

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

[Webinar] How Will The Supreme Court's Affirmative Action Ruling Affect Workplace DEI Programs? - September 21st, 9:00 am PT

Clark Hill PLC on 9/7/2023

This webinar will examine what the Supreme Court held in its ruling on universities’ affirmative action plans, the controversy surrounding how the Supreme Court’s ruling affects employer’s diversity, equity and inclusion...more

Life After Students for Fair Admissions: Dissecting Challenges to Employers’ Diversity Programs | Publications | Insights

Faegre Drinker Biddle & Reath LLP on 8/30/2023

In our recent post, we discussed seven steps organizations may consider when evaluating potential legal challenges to their diversity, equity and inclusion (DE&I) policies and programs following the Supreme Court’s Students...more

Impact of The U.S. Supreme Court’s Affirmative Action Decision on Employers

Stokes Wagner on 8/29/2023

On June 29, 2023, the United States Supreme Court overturned a decades-old precedent that held race-based affirmative action policies in higher education institutions were constitutional. However, in Students for Fair...more

Employment Law Now VII-134-Panel Discussion on Supreme Court's Affirmative Action Ruling and the Impact on Employer DEI Programs

Cozen O'Connor on 8/29/2023

Michael Schmidt is joined by a panel that includes EEOC Commissioner Andrea Lucas and Cozen O'Connor Labor & Employment Attorneys Debra Friedman and Alan Pittler to discuss the Supreme Court's June 29, 2023 decision on...more

[Webinar] Considerations and Practical Takeaways for Employers in Light of the Harvard and UNC Supreme Court Ruling - September...

DCI Consulting on 8/24/2023

In June of 2023, the Supreme Court of the United States ruled on the use of affirmative action in higher education admission, leading to increased confusion among employers on how to create and implement legally compliant...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

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

US: no more affirmative action on race in admissions

Ius Laboris on 8/3/2023

UK employers should not overestimate the importance of the US Supreme Court’s recent decision on race-based affirmative action. The US Supreme Court has ruled that race-based college admission programmes are unlawful. As...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

[Webinar] The Impact of UNC/Harvard Decision on DEIA and Affirmative Action in Employment - August 29th, 12:00 pm CT

Mitratech Holdings, Inc on 8/1/2023

Join DCI Consulting Group to learn different rationales for diversity initiatives, how affirmative action and broader DEIA matters coexist in employment, and understand the unintended consequences of DEIA programs that can be...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

Employer Considerations Following the Supreme Court’s Decision on Affirmative Action

Spilman Thomas & Battle, PLLC on 7/28/2023

Although developments in higher education on the issue of affirmative action in admissions may not seem relevant to private employers, the U.S. Supreme Court’s recent decision should prompt employers to reexamine their own...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

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Supreme Court of the United States › Employer Liability Issues › Students for Fair Admissions v Harvard College

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