News & Analysis as of September 26, 2024

Civil Rights Act

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Title VII of the Civil Rights Act is a United States federal law enacted in 1964 and aimed at preventing discrimination in the workplace on the basis of race, color, sex, national origin, and religion. Title VII has been subsequently extended to discrimination on the basis of pregnancy and sexual stereotypes and to prohibit sexual harassment. Title VII applies to all employers with fifteen or more employees including private employers, state and local governments, and educational institutions. less -

New Year Promises Challenges to Employer DEI Programs

Parker Poe Adams & Bernstein LLP on 1/5/2024

January 1 marked the effective date for a number of new state laws that attempt to restrict certain employers’ use of diversity, equity, and inclusion (DEI) programs. State legislatures are restricted under the First...more

Between a Rock and a Hard Place: The Legal Debate Over Preferred Pronoun Usage in the Classroom Continues with Institutions of...

Venable LLP on 9/11/2023

In a July 28, 2023 ruling, the Seventh Circuit has signaled that Institutions of Higher Education (IHEs) seeking to enforce pronoun policies can expect to face increased scrutiny. Specifically, the Seventh Circuit vacated its...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

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

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

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

Now What? Practical Tips for Colleges After U.S. Supreme Court's Affirmative Action Ruling

Parker Poe Adams & Bernstein LLP on 7/11/2023

College and university admissions will now be more subjective, complex, and — as a result — expensive for many schools. Those are a few takeaways from the U.S. Supreme Court’s ruling on June 29 effectively ending affirmative...more

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

Lathrop GPM on 7/7/2023

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

Potential Private Sector Implications of the Supreme Court's Affirmative Action Ruling

Skadden, Arps, Slate, Meagher & Flom LLP on 7/6/2023

The U.S. Supreme Court’s landmark decision in the cases Students for Fair Admissions, Inc. v. President and Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North Carolina upended prior...more

Seven Pressing Questions Following the Supreme Court’s Admissions Decision

Perkins Coie on 7/6/2023

On June 29, 2023, the U.S. Supreme Court issued its landmark decision in two cases challenging universities’ consideration of race as a factor in student admissions: Students for Fair Admissions v. President and Fellows of...more

How the U.S. Supreme Court’s Affirmative Action in Student Admissions Decision Affects Employers

Jackson Lewis P.C. on 7/6/2023

The U.S. Supreme Court held that the use of race in university and college admissions is unconstitutional. Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, No. 20-1199, together with Students...more

Now That We're Past the Holiday, Let's Dissect the Supreme Court's Decision Concerning Affirmative Action and Any Implications It...

BakerHostetler on 7/6/2023

In a 6-3 decision, the U.S. Supreme Court held in Students for Fair Admissions, Inc. v. President and Fellows of Harvard Coll., No. 20-1199, 600 U.S. – (U.S. June 29, 2023) (available here) that affirmative action programs at...more

The Academic Advisor - Education Law Insights, Issue 6, June 2023

Spilman Thomas & Battle, PLLC on 7/5/2023

Supreme Court Blocks Use of Race in Harvard, UNC Admissions in Blow to Diversity Efforts - "In one of its most closely watched cases this year, the court ruled along ideological lines that the way the schools approached race...more

Affirmative Action: Effects of the Ruling and Actions to Take Now

BCLP on 7/5/2023

In a long-awaited decision, the Supreme Court ruled yesterday, June 29, that race-based admissions practices at public and private universities and colleges violate the Equal Protection Clause of the Fourteenth Amendment....more

The Supreme Court Update - June 29, 2023

Dorsey & Whitney LLP on 6/30/2023

The Supreme Court of the United States issued four decisions today: Students for Fair Admissions v. President and Fellows of Harvard; Students for Fair Admissions v. University of North Carolina, Nos. 20-1199, 21-707:...more

How the U.S. Supreme Court Affirmative Action decisions will impact corporate America

Hogan Lovells on 6/27/2023

The U.S. Supreme Court is expected to rule soon on two challenges to the use of affirmative action in college admissions, but their reach may extend well beyond the university context. The cases before the Supreme Court...more

Supreme Court Hears Oral Argument in Challenge to Harvard and UNC Race-Conscious Admission Programs

Morgan Lewis on 11/2/2022

The US Supreme Court on October 31 debated the legality of race-conscious admission programs used by Harvard University and the University of North Carolina. The decisions in these highly watched cases could have broad...more

Effective Tools for IHEs in the Employee Recruiting, Hiring, and Retention Processes

Venable LLP on 3/4/2022

For institutions of higher education (IHEs), diversity, equity, and inclusion (DEI) is a top priority. DEI is achieved through a culture and policies that recognize the value of the unique abilities and perspectives of every...more

Implications for Colleges and Universities of Expanded Legal Protections for LGBTQ+ Students, Faculty and Staff

Bond Schoeneck & King PLLC on 10/25/2021

In its Bostock v. Clayton County, Georgia ruling in June 2020, the U.S. Supreme Court ruled that the prohibition on “sex” discrimination under Title VII of the Civil Rights Act of 1964 encompasses discrimination on the basis...more

Can Colleges Mandate Vaccines? Yes, But Beware.

Steptoe & Johnson PLLC on 6/29/2021

As institutions of higher education (“IHEs”) approach their summer and fall terms, the question on every administrator’s mind is: Can our institution legally implement a mandatory COVID-19 vaccine policy for students and/or...more

Federal Contractors Beware: New Executive Order Prohibits Certain Anti-Discrimination Training

Woods Rogers on 10/1/2020

On September 22, 2020, President Trump signed the Executive Order on Combating Race and Sex Stereotyping (“EO”). Under the EO, executive departments and agencies, the military, federal contractors, and federal grant...more

The Future of Diversity and Inclusion Training: The OMB Memo Prohibiting Certain Training in the Federal Government

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/30/2020

On September 4, 2020, Russell Vought, the director of the Office of Management and Budget (OMB), issued an agency-wide memo regarding diversity and inclusion training in the federal workforce. The OMB memo states: It has...more

New Executive Order Prohibits Training that "Promotes Race or Sex Stereotyping"

Miles & Stockbridge P.C. on 9/30/2020

In the wake of the killing of George Floyd and other African Americans by police officers, many government contractors have undertaken social justice initiatives and increased training around unconscious or implicit bias. On...more

Executive Order Combats Race and Sex Stereotyping

Benesch on 9/29/2020

On September 22, 2020, President Trump signed a new executive order “On Combating Race and Sex Stereotyping.” The new order applies to federal contractors, federal agencies, and federal grant recipients and bans training that...more

Executive Order On Diversity Training and Promotion of “Divisive Concepts” - Implications for Universities

WilmerHale on 9/29/2020

On September 22, 2020, President Trump issued a new executive order intended “to combat offensive and anti-American race and sex stereotyping.” The order aims to shape how diversity training is conducted not only within the...more

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