News & Analysis as of

Affirmative Action College Admissions

Patterson Belknap Webb & Tyler LLP

Trump Administration Announces False Claims Act Investigation Into Harvard

On May 15, 2025, the New York Times reported that the Trump Administration has opened a False Claims Act (“FCA”) investigation into Harvard University’s admissions procedures. Michael C. Bender & Michael S. Schmidt, Trump...more

Saul Ewing LLP

President Trump’s Executive Order on “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” – Overview, Open...

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OVERVIEW AND INTRODUCTION - On January 21, 2025, President Donald Trump signed an Executive Order (EO) titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity”, EO 14173....more

Foley Hoag LLP

SFFA In The Courts: Where We Are Before the Administration Change

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It has been over a year since the Supreme Court issued its decision striking down Harvard’s and the University of North Carolina’s admissions policies in Students for Fair Admissions (“SFFA”) v. Harvard College and SFFA v....more

Clark Hill PLC

Federal Court Declines to Extend Affirmative Action Decision Into Military Academy Admissions

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The use of race in college admissions has been a hot-button issue for decades and most recently came to a head in Students for Fair Admissions, Inc. v. President & Fellows of Harvard Coll., 600 U.S. 181 (2023), where the...more

Fisher Phillips

School DEI Programs Feel the Impact as Courts Continue to Define Boundaries: 3 Key Takeaways from a Recent Ruling

Fisher Phillips on

We’re starting to see courts define the boundaries of permissible DEI programs in the aftermath of last year’s SCOTUS decision limiting “race conscious” programs such as affirmative action in college admissions. For example,...more

Fisher Phillips

Summer Reading for Educational Leaders: Resources to Help You Plan for the 2024-2025 School Year

Fisher Phillips on

As you recover from another whirlwind of a school year, we hope you can take some time to relax and enjoy your summer break. The next few months will be the perfect time to – at your leisure – catch up on this past year’s...more

Whiteford

Webinar: Is Your DEI Policy Setting You Up for a Lawsuit?

Whiteford on

This webinar addresses the legal challenges presented by harassment, reverse discrimination and Section 1981 claims, among others, as well as various defenses and measures your team can take to reduce the risk of legal...more

Bowditch & Dewey

Higher Education Diversity Update: Early Admissions Numbers Are Strong for Economic Diversity, but FAFSA Delays Present a...

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In the wake of the Supreme Court’s ban on race-based affirmative action, many colleges and universities have shifted their admissions practices to more heavily focus on socioeconomic diversity. Early admissions numbers from...more

Venable LLP

Education Roundup: Challenges to DEI Efforts Continue in the Wake of Students For Fair Admissions

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Institutions of higher education (IHEs) and prospective applicants continue to grapple with the shifted landscape of admissions practices after the United States Supreme Court's Students for Fair Admissions decision...more

McGuireWoods LLP

SCOTUS Permits Military Academy to Use Race as a Factor in Student Admissions — for Now

McGuireWoods LLP on

Affirmative action admissions developments in the higher education sector continue, as the U.S. Supreme Court recently declined to issue an emergency injunction pending appeal that would have prohibited the U.S. Military...more

Mitratech Holdings, Inc

Out With the Old Compliance Year … In With the New

As 2023 ends, despite the visions of sugar plums dancing in your head, it is a good time to take stock of government initiatives affecting your Affirmative Action practice, the better to get ready for 2024. Many things...more

Bowditch & Dewey

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

Bowditch & Dewey on

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

Skadden, Arps, Slate, Meagher & Flom LLP

The Supreme Court’s Affirmative Action Opinion Continues To Spawn Challenges to DEI Programs

Key Points - - In the wake of the Supreme Court’s decision in Students for Fair Admissions, challenges to DEI initiatives have focused on programs that facially appear to provide a zero-sum advantage based on protected...more

Cole Schotz

The U.S. Supreme Court Recently Overturned Affirmative Action Precedent in Higher Education – Will Employer DEI Efforts be...

Cole Schotz on

On June 29, 2023, the United States Supreme Court ruled in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College that race-conscious admissions programs at Harvard College and the University of North...more

Greenberg Glusker LLP

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

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

Fisher Phillips

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

Fisher Phillips on

When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more

FordHarrison

Have You Audited Your DEIA Initiatives? If Not, You Should

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Executive Summary: Following the Supreme Court’s decision in SFFA v. Harvard/UNC, Attorneys General from 13 states and United States Senator Tom Cotton of Arkansas sent letters to business leaders, warning of potential legal...more

Husch Blackwell LLP

Still “Business as Usual”: Recent Challenges to Company DEI Efforts

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On the heels of the United States Supreme Court’s decision limiting affirmative action in college admissions, we have seen an increase in workers who do not belong to historically underrepresented demographic groups filing...more

Foley & Lardner LLP

Caution Advised: Use of DEI Performance Goals in Incentive Compensation

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Recent court decisions have ruled that certain race-based college admissions programs violated the Equal Protection Clause of the Fourteenth Amendment of the U.S. Constitution. While these decisions do not apply directly to...more

Fisher Phillips

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

Fisher Phillips on

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

Fisher Phillips

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

Fisher Phillips on

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

Faegre Drinker Biddle & Reath LLP

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

Akerman LLP

Navigating the Affirmative Action Prohibition

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The Supreme Court made history when it issued its long-awaited opinion regarding the constitutionality of affirmative action in Harvard College and University of North Carolina cases. As our practice update explained, SCOTUS...more

Proskauer Rose LLP

Implications of U.S. Supreme Court Decision Overturning Affirmative Action Precedent in Higher Education

Proskauer Rose LLP on

On June 29, 2023, the U.S. Supreme Court ruled in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College that race-conscious admissions programs at Harvard College and the University of North Carolina...more

Faegre Drinker Biddle & Reath LLP

The Impact of the Supreme Court’s Harvard/UNC Decision on the Nonprofit Sector

Earlier this summer, 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

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