News & Analysis as of

Students for Fair Admissions v University of North Carolina Equal Protection Affirmative Action

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...

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

Venable LLP

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

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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

DRI

The Attack on DEI: Safeguarding Corporate DEI Initiatives Post-Supreme Court’s Affirmative Action Decision

DRI on

The United States Supreme Court’s recent decision to strike down affirmative action admissions policies in higher education certainly caused a whirlwind reaction from the legal community. On June 29, 2023, the Supreme Court...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

Rumberger | Kirk

How HR Can Navigate The Post-Affirmative Action Landscape

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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

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...

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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

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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

Akerman LLP

Navigating the Affirmative Action Prohibition

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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

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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

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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

Fisher Phillips

Department of Education Provides DEI Guidance After SCOTUS Affirmative Action Ruling: 4 Things Colleges and Universities Need to...

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Colleges and universities can still take steps to foster diverse and inclusive campuses — even after the Supreme Court’s decision severely limiting race-conscious admissions in education, according to the latest guidance from...more

DCI Consulting

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

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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

WilmerHale

Biden Administration Provides Guidance on Advancing Diversity in Higher Education Following the Supreme Courts Decision in...

WilmerHale on

On August 14, 2023, the Biden Administration released its first guidance on how institutions of higher education may lawfully pursue efforts to recruit and admit diverse student bodies in light of the Supreme Court’s recent...more

Mitratech Holdings, Inc

Supreme Court Strikes Down Affirmative Action in College Admissions

On Thurs. June 29, 2023, the Supreme Court ruled that race-conscious admissions policies are unconstitutional and invoked the Equal Protection Clause of the 14th Amendment, stating that Harvard’s and UNC’s admissions programs...more

Maynard Nexsen

What Employers Should Know About the Supreme Court’s Decision to end affirmative action in college admissions

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In the wake of the Supreme Court’s landmark decision that prohibits universities from expressly considering race in the admissions decision-making process, scrutiny of companies’ diversity programs has increased. The...more

Faegre Drinker Biddle & Reath LLP

Complying with Students for Fair Admissions: U.S. Departments of Education and Justice Issue Joint Guidance for Institutions

On August 14, 2023, the U.S. Department of Education (ED) and the Department of Justice (DOJ) jointly issued guidance to help postsecondary schools comply with the Supreme Court’s ruling in Students for Fair Admissions, Inc....more

Husch Blackwell LLP

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

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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

Davis Wright Tremaine LLP

Ban on Affirmative Action: Implications, Risks, and Strategies for the Charitable Sector

A pair of recent U.S. Supreme Court cases regarding college admissions standards has potentially wide-ranging implications for all nonprofit organizations that use race as a consideration in their programs. In Students for...more

Mitratech Holdings, Inc

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

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

Williams Mullen

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

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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

Kelley Drye & Warren LLP

Did the Supreme Court Put All DEI Programs at Risk?

It has been less than a month since the Supreme Court’s June 29 decision in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (SFFA), and the decision is already creating controversy....more

FordHarrison

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

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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

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