News & Analysis as of September 20, 2024

Equal Protection › Race Discrimination

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The Equal Protection Clause is a section of the 14th Amendment to the United States Constitution that provides that "no state shall...deny to any citizen within its jurisdiction the equal protection of the laws." Essentially, the Equal Protection Clause provides that the government must treat an individual the same way that it treats other individuals in the same circumstances. The 14th Amendment Equal Protection Clause applies only to state governments, but the requirements of the clause apply to the federal government through the Due Process Clause of the 5th Amendment. less -

Are Changes Coming to EDGE in Ohio?

Frantz Ward LLP on 5/10/2024

On June 29, 2023, the United States Supreme Court issued its historic decision in Students for Fair Admissions v. Harvard, 600 U.S. 181 (2023). This decision upended decades of precedent and held that race-conscious...more

Diversity Matters Newsletter Spring 2024 Edition

Weber Gallagher Simpson Stapleton Fires &... on 4/11/2024

“Our people made that choice, the choice to go to Sameness... We relinquished color when we relinquished sunshine and did away with a difference. We gained control of many things. But we had to let go of others.” -The...more

Fifth Circuit Scrutinizes Corporate Diversity Initiatives

Butler Snow LLP on 4/2/2024

After the U.S. Supreme Court held that Harvard University engaged in unlawful racial discrimination against Asian Americans in its efforts to achieve student body diversity, businesses have rightly sought legal guidance on...more

Affirmative Action - What Steps can Businesses Take?

Mayer Brown on 2/21/2024

Although there is no explicit regulation or legislation that provides for this, it can be implied under the anti-discrimination laws in Singapore that employers are permitted to take affirmative action in the workplace in...more

Diskriminierung im Bewerbungsprozess? Was Sie als Arbeitgeber jetzt wissen sollten

McDermott Will & Emery on 2/16/2024

Die Ampelkoalition hat in ihrem Koalitionsvertrag die Ausweitung des Anwendungsbereichs des Allgemeinen Gleichbehandlungsgesetz (AGG) vorgesehen. Ob dies in dieser Legislaturperiode tatsächlich noch geschieht, ist fraglich....more

Supreme Court Allows West Point to Continue to Use Race in Admissions (For Now)

Bowditch & Dewey on 2/6/2024

On June 29, 2023, admissions policies and practices of many higher ed institutions were forced to pivot when the U.S. Supreme Court ruled that using race to make admissions decisions violated the Equal Protection Clause of...more

[Webinar] What’s Next for DEI Initiatives in the Wake of the SCOTUS Affirmative Action Decision? - January 24th, 10:00 am - 11:00...

Greenberg Glusker LLP on 12/12/2023

This presentation will include: - Case discussion - Decision's implications for clients, law firms, and courts - Potential solutions...more

Corporate DEI Policies Face Scrutiny Following SCOTUS Affirmative Action Decision

Skadden, Arps, Slate, Meagher & Flom LLP on 9/21/2023

The U.S. Supreme Court struck down race-based affirmative action in higher education in June 2023, effectively foreclosing the consideration of race in and of itself in that context. Although the Court’s decision was...more

Did Workplace DEI Programs DIE Following the Supreme Court’s Affirmative Action Decision? 6 Steps You Should Take to Ensure...

Fisher Phillips on 9/21/2023

It’s been nearly two months since the Supreme Court struck down affirmative action in college admissions – and many employers are still wondering whether their workplace Diversity, Equity & Inclusion programs are still legal...more

6 Steps for Private and Independent Schools in the Wake of the SCOTUS Affirmative Action Ruling

Fisher Phillips on 9/20/2023

Seeing the barrage of lawsuits following the United States Supreme Court’s recent decision regarding the use of race in admissions in higher education has left many in K-12 independent and private schools scratching their...more

Ten DEI Steps Employers Should Consider Now

Jackson Lewis P.C. on 9/6/2023

The U.S. Supreme Court held the use of race in university and college admissions is unconstitutional in its Students for Fair Admissions, Inc. decisions on June 29, 2023. The Court’s ruling directly addresses only the...more

U.S. Department of Education Office Publishes Guidance on Race in Admissions, School Programming

Jackson Lewis P.C. on 8/29/2023

The U.S. Department of Education Office for Civil Rights (OCR) and the U.S. Department of Justice Civil Rights Division have published a joint Dear Colleague Letter (Joint OCR and DOJ DCL) that, together with a Q&A, provides...more

Department of Education Provides DEI Guidance After SCOTUS Affirmative Action Ruling: 4 Things Colleges and Universities Need to...

Fisher Phillips on 8/25/2023

Colleges and universities can still take steps to foster diverse and inclusive campuses — even after the Supreme Court’s decision severely limiting race-conscious admissions in education, according to the latest guidance from...more

[Webinar] Considerations and Practical Takeaways for Employers in Light of the Harvard and UNC Supreme Court Ruling - September...

DCI Consulting on 8/24/2023

In June of 2023, the Supreme Court of the United States ruled on the use of affirmative action in higher education admission, leading to increased confusion among employers on how to create and implement legally compliant...more

SBA Issues Interim Guidance on 8(a) Program Following Ultima Ruling

Bass, Berry & Sims PLC on 8/24/2023

On July 19, the U.S. District Court for the Eastern District of Tennessee ruled in favor of Ultima Services Corporation, prompting the pause of new 8(a) applications and necessitating a reorganization of the program’s...more

Affirmative Action Overturned

Bressler, Amery & Ross, P.C. on 8/10/2023

On June 29, 2023, the United States Supreme Court considered whether race conscious admission decisions by Harvard and the University of North Carolina were lawful under the Equal Protection Clause of the Fourteenth...more

Reviewing Workplace DEI Practices in Light of Students for Fair Admissions Ruling

Butler Snow LLP on 8/7/2023

On June 29, 2023, the United States Supreme Court found affirmative action in the college admissions programs of two well-known universities to be unconstitutional. Despite the opinion only addressing two specific college...more

Understanding the Supreme Court’s Affirmative Action Decision: What it Means for Private Employers’ DEI Programs

Husch Blackwell LLP on 8/4/2023

The Supreme Court’s recent decision on affirmative action in the SFFA v. Harvard/UNC cases has raised lots of questions for private employers. Specifically, private employers want to know what impact – if any – does the...more

Impact of U.S. Supreme Court's Affirmative Action Decision on Private Employer DEI Programs and Recommendations for Employers

Husch Blackwell LLP on 8/1/2023

By now, most private employers are familiar with the recent U.S. Supreme Court decision on affirmative action, Students for Fair Admissions v. Harvard (SFFA), which arises in the context of college admissions. The Court held...more

Ban on Affirmative Action: Implications, Risks, and Strategies for the Charitable Sector

Davis Wright Tremaine LLP on 8/1/2023

A pair of recent U.S. Supreme Court cases regarding college admissions standards has potentially wide-ranging implications for all nonprofit organizations that use race as a consideration in their programs. In Students for...more

[Webinar] The Impact of UNC/Harvard Decision on DEIA and Affirmative Action in Employment - August 29th, 12:00 pm CT

Mitratech Holdings, Inc on 8/1/2023

Join DCI Consulting Group to learn different rationales for diversity initiatives, how affirmative action and broader DEIA matters coexist in employment, and understand the unintended consequences of DEIA programs that can be...more

The Future of Employer-Sponsored Voluntary DEI Programs After Students for Fair Admissions, Inc. v. President and Fellows of...

Williams Mullen on 7/31/2023

In Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, et al., the U.S. Supreme Court ruled that the admissions practices used by Harvard University and the University of North Carolina, which...more

Shaking the Foundations of DEI? The Impact of the Students for Fair Admissions Decision on Corporate Diversity Initiatives

FordHarrison on 7/25/2023

Executive Summary: On June 23, 2023, the U.S. Supreme Court overturned a 20-year precedent in two lawsuits: Students for Fair Admissions v. President and Fellows of Harvard College and Students for Fair Admissions v....more

District Court Rules SBA Presumption of Social Disadvantage Is Unconstitutional

Schwabe, Williamson & Wyatt PC on 7/25/2023

On Thursday, July 20, 2023, the United States District Court for the Eastern District of Tennessee issued an order in Ultima Servs. Corp. v. U.S. Dept. of Agric., 2:20-CV-00041, finding that the rebuttable presumption (legal...more

A Rejection Letter from the Supreme Court on Race-Based Admissions Programs: Will Companies’ DEI Programs Suffer a Similar Fate?

Adler Pollock & Sheehan P.C. on 7/24/2023

On June 29, 2023, the United States Supreme Court issued a decision that will potentially shape the college admissions process for generations of students. In Students for Fair Admissions, Inc. v. President & Fellows of...more

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Equal Protection › Race Discrimination

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