News & Analysis as of

Students for Fair Admissions v University of North Carolina Hiring & Firing Civil Rights Act

McCarter & English, LLP

Developing Effective and Legally Compliant DEI Policies

Corporate policies on diversity, equity, and inclusion (DEI) are being subjected to increased scrutiny and legal challenges even as the US workforce becomes more diverse on nearly every measure—race, sex, gender identity,...more

Cole Schotz

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

Cole Schotz on

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

Parker Poe Adams & Bernstein LLP

Recent Complaints Illustrate Reverse Discrimination Issues

Following the Supreme Court’s recent affirmative action decision, legal press publications have reported about complaints and enforcement threats sent to law firms based on their diversity initiatives. In some cases, these...more

Jackson Lewis P.C.

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

Jackson Lewis P.C. on

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

Stokes Wagner

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

Stokes Wagner on

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

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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

Husch Blackwell LLP

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

Husch Blackwell LLP on

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

Williams Mullen

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

Williams Mullen on

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

Foley Hoag LLP

The Impact of the SFFA Decision: Lessons for Employers

Foley Hoag LLP on

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

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

Supreme Court Debates U.S. Government’s Race and Ethnicity Categories: What Employers Need to Know

On June 29, 2023, the Supreme Court of the United States struck down affirmative action in college admissions, leaving employers to wrestle with the implications of the decision for various diversity, equity, and inclusion...more

DirectEmployers Association

Part II: Four Implications Impacting Federal Government Contractors & Employers Following the SCOTUS Decision in the Harvard & UNC...

Monday, July 10, 2023: Part II: Four Implications Impacting Federal Government Contractors & Employers Following the SCOTUS Decision in the Harvard & UNC Cases + “Life Preserver” Practical Next Step Suggestions - This is...more

Sheppard Mullin Richter & Hampton LLP

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

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

Venable LLP

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

Venable LLP on

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

Lathrop GPM

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

Lathrop GPM on

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

Paul Hastings LLP

What Employers Need to Know about the SCOTUS Affirmative Action Decision

Paul Hastings LLP on

Federal law governing affirmative action and non-discrimination in employment is unaffected by the Supreme Court’s highly publicized affirmative action decision published June 29, 2023. Still, the decision is sure to...more

Morrison & Foerster LLP

SCOTUS Effectively Ends Affirmative Action for College Admissions: What This Decision Might Mean for Workplace Diversity Programs

As anticipated, the U.S. Supreme Court’s decision in the two companion cases brought by the Students for Fair Admissions, Inc. (SFFA) against Harvard University (Harvard) and the University of North Carolina (UNC) ended...more

McGlinchey Stafford

The End of Affirmative Action?

McGlinchey Stafford on

The Supreme Court’s decision was rendered in a pair of cases brought by a group called Students for Fair Admissions (SFFA) challenging the admissions policies of Harvard and the University of North Carolina. SFFA argued that...more

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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

Sheppard Mullin Richter & Hampton LLP

Could the Supreme Court’s Decision in the Harvard and UNC Cases Indirectly Affect Corporate Diversity Initiatives?

The United States Supreme Court is currently considering two cases concerning whether race-conscious admissions programs are permissible under federal law. While these cases are limited to the relatively narrow universe of...more

CDF Labor Law LLP

California Private Employers Who Engage in Diversity Efforts Should Be Paying Attention to UNC and Harvard Affirmative Action...

CDF Labor Law LLP on

In ten days, on October 31, 2022, the United States Supreme Court will hear oral arguments in two very important affirmative action education cases. In Students for Fair Admissions v. Harvard College (Harvard), the plaintiffs...more

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