At first glance, the U.S. Department of Justice’s lawsuit aimed at Minnesota laws and regulations that impose affirmative action obligations on state government agencies seems narrow in scope. But it may have wider implications, legal experts say.
“Public and private employers with similar affirmative action policies would be wise to prepare contingency plans” if the case reaches the U.S. Supreme Court and the court declares Minnesota’s program unlawful, said Zev Grumet-Morris, an attorney with Duane Morris in Chicago.
“Although DOJ is not targeting state contractor affirmative action, the logical extension of the lawsuit may impact those programs as well. As a result, state and local governments, their contractors, and even private employers should follow this case,” said Craig Leen, an attorney with K&L Gates in Washington, D.C. Supreme Court case law permits “certain voluntary affirmative action programs for private employers under limited circumstances that have now been called into question by DOJ,” he said.
It is too early to know whether the Supreme Court will hear the case, said Alissa Horvitz, an attorney with Roffman Horvitz in McLean, Va.
However, the DOJ may intend for the case to reach the high court, said Joanna Colosimo, SHRM-SCP, vice president, workforce analytics and compliance strategy, and principal consultant with DCI consulting Group in Washington, D.C. The department has certified the Minnesota case as one of general public importance, which...
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