Brian Hayes at Faegre Drinker Biddle & Reath LLP

Key U.S. District Court Ruling: Plaintiff’s Challenge to DEI Program Under Section 1981 Fails When She Lacked Standing Because She...

In our October 2023 alert on Defending Litigation Attacks on DEI Programs: A Status Update, we advised to “stay tuned” regarding a pending motion to dismiss filed by Amazon in response to a class action complaint challenging...more

5/1/2024 / Article III , Class Action , Diversity , Diversity and Inclusion Standards (D&I) , Race Discrimination , Standing

A Tale of Two Cases – DEI Programs Under Scrutiny

Last month, two courts reached different conclusions about the legality of companies’ diversity equity and inclusion (DEI) programs under Section 1981. The cases display different tactics and defenses and raise questions...more

10/23/2023 / Amazon Marketplace , Corporate Counsel , Diversity , Diversity and Inclusion Standards (D&I) , Race Discrimination

Defending Litigation Attacks on DEI Programs: A Status Update

As we noted in our prior alert, the American Alliance for Equal Rights (Alliance), following the U.S. Supreme Court’s June opinion in Students for Fair Admissions vs. Harvard (SFFA), has sued two large law firms alleging that...more

10/3/2023 / Diversity , Diversity and Inclusion Standards (D&I) , Employer Liability Issues , Race Discrimination , Students for Fair Admissions v Harvard College

Update on Post-SFFA Challenges to DEI Initiatives: Law Firm Fellowship Programs in the Crosshairs

As previewed in our previous client alert, certain groups have now pursued legal action contending that employers’ diversity, equity and inclusion (DEI) programs are subject to legal challenge based on the U.S. Supreme...more

9/19/2023 / Affirmative Action , College Admissions , Diversity , Diversity and Inclusion Standards (D&I) , Students for Fair Admissions v Harvard College , Students for Fair Admissions v University of North Carolina

Life After Students for Fair Admissions: Dissecting Challenges to Employers’ Diversity Programs | Publications | Insights

In our recent post, we discussed seven steps organizations may consider when evaluating potential legal challenges to their diversity, equity and inclusion (DE&I) policies and programs following the Supreme Court’s Students...more

8/30/2023 / Diversity , Diversity and Inclusion Standards (D&I) , Employer Liability Issues , Employment Discrimination , SCOTUS , Students for Fair Admissions v Harvard College

Next Stage Considerations About the Supreme Court’s Affirmative Action Decision: How to Put the Warning Letter from the State...

As higher education institutions, state and local governments, private employers and federal contractors grapple with understanding the impacts of the U.S. Supreme Court’s decision in Students for Fair Admissions v. President...more

7/24/2023 / Affirmative Action , Civil Rights Act , College Admissions , Colleges , Diversity , Educational Institutions , Equal Protection , Fourteenth Amendment , SCOTUS , Students for Fair Admissions v Harvard College , Students for Fair Admissions v University of North Carolina , Title VI , Title VII , Universities

U.S. Supreme Court Invalidates Race-Conscious Admissions: Key Considerations for Postsecondary Institutions, Employers and Others

On June 29, 2023, the U.S. Supreme Court decided Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, No. 20-1199, and Students for Fair Admissions, Inc. v. University of North Carolina et al., No....more

7/7/2023 / Affirmative Action , Civil Rights Act , College Admissions , Diversity , Educational Institutions , Equal Protection , Fourteenth Amendment , Race Discrimination , SCOTUS , Students for Fair Admissions v Harvard College , Students for Fair Admissions v University of North Carolina , Title VI , Title VII

Brian Hayes

Faegre Drinker Biddle & Reath LLP

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