The U.S. Supreme Court’s recent decisions striking down racial preferences in admission decisions at Harvard and North Carolina universities raise considerable concern over the impact of these rulings on affirmative action not only in college admissions but also in employment decisions.
A few basic points first. The University of North Carolina case (No. 21-707, June 29, 2023) involved a public institution of higher education and the application of the equal protection clause of the Fourteenth Amendment. The Harvard University case (No. 20-1199, June 29, 2023) involved a private institution and the application of Title VI of the Civil Rights Act of 1964, 42 U.S.C. Section 2000d et seq. For state and local public universities and schools, the UNC case will be relevant, as will 42 U.S.C. Section 1983, which provides a cause action for damages caused by a violation of a person’s constitutional rights. For federal institutions, the Fifth Amendment contains no equal protection Cclause, but the Supreme Court has held that “equal protection analysis in the Fifth Amendment area is the same as that under the Fourteenth Amendment.” See Buckley v. Valeo, 421 U.S. 1, 93 (1976).
Actor-politician Ravi Kishan has filed a first information report (FIR) against an individual for allegedly making false and defamatory statements aimed at damaging his public image and reputation...