Following the US Supreme Court’s decision in the Harvard and University of North Carolina affirmative action cases, some are claiming that the court’s reasoning hampers employer initiatives to promote diversity, equity, inclusion, and accessibility in their workforces.
But here’s the bottom line: The court’s decision is deeply disappointing and stands to severely undermine universities’ ability to realize the educational and civic benefits of diversity on campuses. While mourning the very real losses to the education of our nation’s youth, it’s important to recognize that workplace DEIA initiatives will survive.
DEIA initiatives include expanding recruitment activities to attract a broader applicant pool, tracking the effects of employment decisions on different groups of employees and publicizing the results, and establishing employee resource groups, among other measures. They aim to remove barriers to advancement for underrepresented groups and improve equal employment opportunity for all.
DEIA initiatives in employment are legally distinguishable from the race-based admissions decisions at issue in the Harvard and UNC cases. First, neither case arises under or concerns Title VII or other employment discrimination laws.
Second, both...
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