Summary. While the Supreme Court’s recent ruling on affirmative action is focused on government actors and universities, it’s inevitable that some corporate leaders will use it as a reason to abandon diversity, equity, and inclusion programs they already opposed....
Prior to the Supreme Court’s recent bombshell decision on affirmative action, some predicted that a ruling to ban the practice would “take down” the diversity industry or deliver a “concussive” blow to workplace diversity and inclusion efforts. After the court effectively abolished race-conscious college admissions, some voices doubled down. The organization America First Legal — founded by former Trump advisor Stephen Miller — declared that “all DEI programs” were now “illegal.”
Not so fast. We believe the court has left plenty of room to continue advancing diversity and inclusion in the workplace.
We don’t mean this in the most obvious sense, which is that the court’s opinion focused on governmental actors and universities rather than on private employers. When the right case reaches the court, the same justices who just endorsed a “colorblind” approach to higher education could also hold that private employers cannot consider race, sex, or other protected characteristics in workplace decisions.
Such a ruling would indeed imperil the most aggressive pro-diversity policies. Reserving hiring or promotion slots for underrepresented groups, instructing managers to use race or sex as a “tiebreaker” when choosing...
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