News & Analysis as of

Students for Fair Admissions v University of North Carolina Supreme Court of the United States Employer Liability Issues

Constangy, Brooks, Smith & Prophete, LLP

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

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

Maynard Nexsen

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

Maynard Nexsen on

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

Foley Hoag LLP - White Collar Law &...

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

Spilman Thomas & Battle, PLLC

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

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

Conn Kavanaugh

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

Conn Kavanaugh on

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

Skadden, Arps, Slate, Meagher & Flom LLP

2024 Insights: ESG

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

Venable LLP

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

Venable LLP on

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

FordHarrison

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

FordHarrison on

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

Fisher Phillips

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

Fisher Phillips on

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

Akerman LLP

Navigating the Affirmative Action Prohibition

Akerman LLP on

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

Clark Hill PLC

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

Clark Hill PLC on

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

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

DCI Consulting

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

DCI Consulting on

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

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

DirectEmployers Association

OFCCP Week In Review: August 2023 #3

Monday, August 14, 2023: U.S. Justice & Education Departments Issued Joint Resources on Lawfully Advancing DEI Following Supreme Court’s University Admissions Decision - The U.S. Departments of Justice (“DOJ”) and Education...more

Ius Laboris

US: no more affirmative action on race in admissions

Ius Laboris on

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

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

DirectEmployers Association

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

Today’s Blog discusses “How to Lawfully Engage in Race-Based Employment Decisions If You Choose to Do So.” PUNCHLINE: Let me start with the legal conclusion and then work backward to the underlying legal decisions which...more

DirectEmployers Association

OFCCP Week In Review: July 2023 #5

Monday, July 31, 2023: Part IV (Finale): Four Implications Impacting Federal Government Contractors & Employers Following the SCOTUS Decision in the Harvard & UNC Cases + “Life Preserver” Practical Next Step Suggestions - ...more

Perkins Coie

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

Perkins Coie on

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

Spilman Thomas & Battle, PLLC

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

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

DirectEmployers Association

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

This is Part III of a Four-Part Series discussing the implications for employers of the SCOTUS’ case decision resolving the Harvard and UNC cases. The fourth and Final Part of this 4-part Blog series will appear in next...more

Adler Pollock & Sheehan P.C.

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

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

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

Jenner & Block

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

Jenner & Block on

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

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