News & Analysis as of June 1, 2025

Title VII

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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 -

Key Insights on Executive Order Directing Scrutiny of Private-Sector DEI Efforts

Latham & Watkins LLP on 1/28/2025

On January 21, 2025, President Trump issued an executive order titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (the Order) directing federal agencies to enforce federal civil rights laws to...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

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

Now What? Practical Tips for Colleges After U.S. Supreme Court's Affirmative Action Ruling

Parker Poe Adams & Bernstein LLP on 7/11/2023

College and university admissions will now be more subjective, complex, and — as a result — expensive for many schools. Those are a few takeaways from the U.S. Supreme Court’s ruling on June 29 effectively ending affirmative...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

Potential Private Sector Implications of the Supreme Court's Affirmative Action Ruling

Skadden, Arps, Slate, Meagher & Flom LLP on 7/6/2023

The U.S. Supreme Court’s landmark decision in the cases Students for Fair Admissions, Inc. v. President and Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North Carolina upended prior...more

Seven Pressing Questions Following the Supreme Court’s Admissions Decision

Perkins Coie on 7/6/2023

On June 29, 2023, the U.S. Supreme Court issued its landmark decision in two cases challenging universities’ consideration of race as a factor in student admissions: Students for Fair Admissions v. President and Fellows of...more

Now That We're Past the Holiday, Let's Dissect the Supreme Court's Decision Concerning Affirmative Action and Any Implications It...

BakerHostetler on 7/6/2023

In a 6-3 decision, the U.S. Supreme Court held in Students for Fair Admissions, Inc. v. President and Fellows of Harvard Coll., No. 20-1199, 600 U.S. – (U.S. June 29, 2023) (available here) that affirmative action programs at...more

The Academic Advisor - Education Law Insights, Issue 6, June 2023

Spilman Thomas & Battle, PLLC on 7/5/2023

Supreme Court Blocks Use of Race in Harvard, UNC Admissions in Blow to Diversity Efforts - "In one of its most closely watched cases this year, the court ruled along ideological lines that the way the schools approached race...more

Affirmative Action: Effects of the Ruling and Actions to Take Now

BCLP on 7/5/2023

In a long-awaited decision, the Supreme Court ruled yesterday, June 29, that race-based admissions practices at public and private universities and colleges violate the Equal Protection Clause of the Fourteenth Amendment....more

The Supreme Court Update - June 29, 2023

Dorsey & Whitney LLP on 6/30/2023

The Supreme Court of the United States issued four decisions today: Students for Fair Admissions v. President and Fellows of Harvard; Students for Fair Admissions v. University of North Carolina, Nos. 20-1199, 21-707:...more

Religious Institutions Update: August 2016

Holland & Knight LLP on 8/19/2016

When was the last time your organization reviewed your insurance policies? Not all policies are equal. Many religious organizations are underinsured. Most should have general liability, property, professional liability,...more

Supreme Court Upholds Consideration of Race in a College Admissions Program – What Does This Mean for Employer Diversity Efforts?

Littler on 6/27/2016

On June 23, 2016, the U.S. Supreme Court issued an opinion for the second time in Fisher v. University of Texas at Austin, (Fisher II), a case that directly questioned whether race can be considered at all in college...more

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