News & Analysis as of September 24, 2024

Employment 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 -

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

Proskauer Rose LLP on 9/8/2023

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

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

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

Workplace Diversity Efforts Remain Legal But Face Increased Scrutiny in Wake of Supreme Court’s Affirmative Action Decision

Gould + Ratner LLP on 8/16/2023

In the wake of the U.S. Supreme Court’s momentous ruling this summer on the use of affirmative action in college admissions, many companies may wonder what it means for their affirmative action and Diversity, Equity and...more

The Supreme Court’s Affirmative Action Ruling: A Shift in How Private Employers Approach DEI?

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/10/2023

The Supreme Court of the United States’ recent decision to strike down affirmative action admissions policies in higher education is having significant indirect consequences for private employers and their diversity, equity,...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

Republican and Democratic AGs Write Opposing Letters to Fortune 100 on DEI Programs

Cozen O'Connor on 7/21/2023

A group of 13 Republican AGs announced that they had sent a letter to every company on the Fortune 100 list warning that certain workplace diversity policies could be unlawful in light of the U.S. Supreme Court’s recent...more

What Does Affirmative Action’s Death Knell Mean for Employers?

Sheppard Mullin Richter & Hampton LLP on 7/13/2023

At the end of June, the U.S. Supreme Court’s decision in Students for Fair Admissions, Inc. v. President & Fellows Of Harvard College, Nos. 20-1199 & 21-707, 2023 WL 4239254 (U.S. June 29, 2023), outlawed race-based...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

Employment Recruitment and DEI Initiatives Following the Supreme Court’s Affirmative Action Decision

Venable LLP on 7/11/2023

On June 29, 2023, the Supreme Court effectively overturned long-standing affirmative action precedent and held that race-conscious college admissions programs violate the Equal Protection Clause of the Fourteenth Amendment...more

Supreme Court Invalidates Race-Based Affirmative Action in Higher Education Admissions: What Does That Mean for Private Employers?

McCarter & English, LLP on 7/10/2023

The United States Supreme Court made headlines recently by ruling that colleges and universities may no longer take race into account when making admissions decisions. At a time when the population is growing ever more...more

Supreme Court Restricts Use of Race in College Admissions; Decision Could Impact Employers as Well

Lathrop GPM on 7/7/2023

On June 29, 2023, the United States Supreme Court issued a landmark ruling sharply restricting the use of race in college admissions. The Court’s decision immediately reshaped the landscape of student affirmative action...more

Does SCOTUS decision on affirmative action put employers’ DEI efforts at risk?

Constangy, Brooks, Smith & Prophete, LLP on 7/6/2023

On June 29, the U.S. Supreme Court held that admissions policies at Harvard University and the University of North Carolina violated the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution by using...more

U.S. Supreme Court Holds Use of Race In Admissions By College, University Is Unconstitutional

Jackson Lewis P.C. on 6/30/2023

The use of race in admissions by Harvard College and the University of North Carolina (UNC) is unconstitutional, the U.S. Supreme Court has held in a decision written by Chief Justice John Roberts. Students for Fair...more

3 Ways the Affirmative Action SCOTUS Ruling May Have Ripple Effects on Employers + 6 Steps to Boost Your DEI Program

Fisher Phillips on 6/30/2023

While employers may not be directly impacted by yesterday’s SCOTUS decision blocking affirmative action in education admissions, the new standard will likely have big ripple effects on the world of workplace law before long —...more

Supreme Court Prohibits Consideration of Race in College Admissions

Husch Blackwell LLP on 6/30/2023

The Supreme Court of the United States issued a decision prohibiting direct consideration of race in college and university admissions. The Court held that the race-conscious admissions programs at Harvard University and the...more

What the Supreme Court’s likely ruling in the UNC/Harvard cases might mean for employers

Constangy, Brooks, Smith & Prophete, LLP on 11/7/2022

Last Monday, the U.S. Supreme Court heard oral argument in two cases challenging the use of race as one factor among many by colleges in considering student applicants. The cases are Students for Fair Admissions v. University...more

Exploring the Origins of Pride Month and Taking Stock of LGBTQ+ Rights

Harris Beach PLLC on 6/27/2019

Across the country each June, communities come together to celebrate Lesbian, Gay, Bisexual, Transgender and Queer (LGBTQ) Pride Month. This month of events honors the 1969 Stonewall Uprising in Manhattan while also...more

SCOTUS Declines To Address Texas Supreme Court Ruling Limiting Reach of Obergefell

Seyfarth Shaw LLP on 12/5/2017

Seyfarth Synopsis: The Supreme Court announced that it would not hear an appeal from the City of Houston in a case challenging the city’s ability to offer spousal benefits to same-sex spouses of municipal employees. By...more

Same-Sex Marriage and Employment Discrimination: The Future of Sexual Orientation Bias Claims

Baker Donelson on 7/15/2015

On June 26, 2015, the Supreme Court of the United States legalized same-sex marriage throughout the country. In Oberfell v. Hodges, the Court held that Section 1 of the Fourteenth Amendment – commonly referred to as the Equal...more

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Equal Protection › Supreme Court of the United States › Employment Discrimination

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