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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
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 practices used by Harvard College and
the University of North Carolina, where the schools considered
applicants' race as a factor in the admissions process,
violated the Constitution and Title VI of the Civil Rights Act of
1964. While these rulings specifically addressed the college
admissions process, employers can expect increasing scrutiny
regarding their corporate diversity, equity, and inclusion (DEI)
initiatives, potentially seeking to apply the Supreme Court's
reasoning to the employment context. Indeed, less than a month
after the Supreme Court's ruling, state attorneys general from
13 states signed a public letter to the CEOs of Fortune 100
companies suggesting that the Student for Fair Admissions decisions
implicate corporate DEI programs. Accordingly, while the legal
landscape for corporate DEI programs technically remains unchanged,
employers should proactively assess their DEI initiatives to ensure
ongoing compliance.
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