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 for Fair Admissions, Inc. v. Univ. of North Carolina, No. 21-707 (June 29, 2023). The Court’s ruling directly addresses only the admissions decisions of educational institutions that accept “federal financial assistance” based on an analysis under Title VI of the Civil Rights Act of 1964 and the Equal Protection Clause of the Fourteenth Amendment. The decision also may have implications for employers.
Applicable to private employers are Title VII of the Civil Rights Act of 1964 and other federal and state laws that prohibit discrimination based on a variety of protected characteristics, such as race, color, religion, sex, national origin, disability, age, and other factors.
In addition, Executive Order (EO) 11246 applies to covered federal contractors and subcontractors and prohibits discrimination against employees or applicants for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. EO 11246 requires covered federal contractors and subcontractors to engage in “affirmative action.” It is a common misperception that the affirmative action in the EO 11246 contractor context requires or allows covered employers to apply preferences in favor of women and minorities over men and non-minorities in...
An Indian national has been charged for fraudulently claiming to be an American citizen in order to vote in the 2024 US general election. Mukeshkumar Somabhai Chaudhari has been indicted for knowi...