Summary. After the recent U.S. Supreme Court ruling striking against affirmative action in higher education, leaders might be concerned that their DEI initiatives and programs will face additional scrutiny and legal challenge. While reducing liability is a responsible move,...
Following the U.S. Supreme Court ruling striking down race-conscious admissions in higher education, some corporate leaders may be concerned that beyond reducing the already low diversity of their hiring pipelines, the ruling might cause their diversity, equity, and inclusion (DEI) initiatives and programs to face additional scrutiny and legal challenge.
While reducing liability is a responsible move, leaders should take care to ensure their efforts to protect against legal risk don’t turn into a fear-driven abandonment of effective DEI practices. The key to sustaining DEI progress and commitment through this volatile time lies in acting intentionally: curtailing your usage of racial data that is the most legally risky, while taking decisive action to continue using racial data to eliminate discrimination, remove bias, and create fairer workplaces.
To understand how to best act on this complex topic, it’s important to start with the legal foundations. According to Title VII of the Civil Rights Act, it’s illegal to consider any single candidate’s or employee’s race — even with the intention of creating a more diverse, equitable, or inclusive workforce — in any employment decision....
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