News & Analysis as of May 31, 2025

Students for Fair Admissions v University of North Carolina

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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 -

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

Foley Hoag LLP on 1/20/2025

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

Supreme Court Decision May Impact Your Company’s Diversity, Equity, and Inclusion Initiatives

Conn Kavanaugh on 12/28/2023

The U.S. Supreme Court recently held that it is illegal to consider race in college admissions decisions. While the decision did not apply to employers, employers should be aware that the decision is being used as a roadmap...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

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

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

Faegre Drinker Biddle & Reath LLP on 9/7/2023

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

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

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

Biden Administration Provides Guidance on Advancing Diversity in Higher Education Following the Supreme Courts Decision in...

WilmerHale on 8/21/2023

On August 14, 2023, the Biden Administration released its first guidance on how institutions of higher education may lawfully pursue efforts to recruit and admit diverse student bodies in light of the Supreme Court’s recent...more

Supreme Court Strikes Down Affirmative Action in College Admissions

Mitratech Holdings, Inc on 8/18/2023

On Thurs. June 29, 2023, the Supreme Court ruled that race-conscious admissions policies are unconstitutional and invoked the Equal Protection Clause of the 14th Amendment, stating that Harvard’s and UNC’s admissions programs...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

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

Did the Supreme Court Put All DEI Programs at Risk?

Kelley Drye & Warren LLP on 7/28/2023

It has been less than a month since the Supreme Court’s June 29 decision in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (SFFA), and the decision is already creating controversy....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

The Impact of the SFFA Decision: Lessons for Employers

Foley Hoag LLP on 7/24/2023

On June 29, 2023, the Supreme Court issued its highly anticipated decision in SFFA v. Harvard College and SFFA v. University of North Carolina. While the Court’s ruling has fundamentally altered the landscape for higher...more

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

Faegre Drinker Biddle & Reath LLP on 7/24/2023

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

Sea Change: Diversity, Equity, and Inclusion in Higher Education After Supreme Court Strikes Down Affirmative Action

Alston & Bird on 7/18/2023

The Supreme Court’s decision to strike down affirmative action will spur more challenges to educational institutions’ policies beyond admissions. Our Education Team discusses race conscious admissions prior to the Court’s...more

EO 11246 Following the Harvard-UNC Supreme Court Cases: Why Federal Contractors Should Stay the Course for Now

Morgan Lewis on 7/14/2023

The US Supreme Court’s June 29 decision in Students for Fair Admissions, Inc. v. University of North Carolina and Students for Fair Admissions, Inc. v. Harvard University (the Harvard-UNC cases), which will have a...more

Harvard and UNC [6 Things You Need to Consider for Your DEIA Program]

DCI Consulting on 7/14/2023

DCI Consulting Group (DCI) is monitoring reactions, answering questions, and releasing content related to the June 2023 Supreme Court ruling on with affirmative action in higher education. The Court's majority opinion was...more

Reviewing Admission Practices Following the Students for Fair Admissions Supreme Court Decision

Steptoe & Johnson PLLC on 7/13/2023

As has been widely reported in the national media, on June 29, 2023, the United States Supreme Court, in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College (SFFA), invalidated the affirmative action...more

The End of Affirmative Action in College Admissions: How Did We Get Here and What Does it Mean for the Future

Kohrman Jackson & Krantz LLP on 7/13/2023

In a historic decision, Students for Fair Admissions v. President and Fellows of Harvard College, the United States Supreme Court banned affirmative action in college admissions. According to the Court, affirmative action...more

Federal Contractors and Employers with DEI Initiatives: Three Takeaways from SCOTUS Decision Striking Down Racial Preferences

Husch Blackwell LLP on 7/12/2023

On June 29, 2023, in a 6-3 decision authored by Chief Justice Roberts, Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, the U.S. Supreme Court (“Court” or “Supreme Court”) held that college and...more

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