The U.S. Supreme Court's recent decision in Students for Fair Admissions Inc. v. President and Fellows of Harvard College has important implications for employers, particularly for companies that have rolled out diversity, equity and inclusion, or DEI, initiatives in recent years.
In an article written for Law360, employment counsel Greg Demers and litigation & enforcement counsel Renai Rodney examine the ruling and provide steps employers can take to mitigate risk while still achieving their DEI goals.
“Although the ruling, on its face, does not extend beyond the educational context, there is little doubt that the decision will embolden opponents of affirmative action to expand their challenges into the employment realm and elsewhere,” said Greg and Renai. “Such litigation is already underway.”
On July 13, attorneys general from 13 states issued a cease-and-desist letter to the management teams of all Fortune 100 companies imploring those companies to comply with "race-neutral principles in [their] employment and contracting practices" following the SFFA decision.
“Employers should take this opportunity to reassess their programs and ensure their effectiveness and compliance with the law, both on paper and in practice,” added Greg and Renai.
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