Many questions have been raised about the direct and indirect impact of the SCOTUS decision in in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (decided with Students for Fair Admissions, Inc. v. University of North Carolina, et al.), that using race as a factor in college admissions violates the Equal Protection Clause of the Constitution. This excellent Cooley Alert, Supreme Court’s Affirmative Action in Education Ruling Leaves Employment Diversity Initiatives Untouched—for Now, from members of Cooley’s Employment Group, provides many of the answers.
As the Alert points out, Title VII of the Civil Rights Act has long prohibited employers “from using race, ethnicity, gender or any other protected characteristic in personnel decisions, with a couple of limited exceptions.” The Alert describes those exceptions, as well as the potential ramifications of the decision on companies’ policies on diversity, equity and inclusion. Could the decision have a chilling effect? Check out the Alert!