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Supreme Court of the United States › Affirmative Action

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Constangy, Brooks, Smith & Prophete, LLP

Federal court dismisses one of first post-SFFA lawsuits alleging “reverse” discrimination

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Spoiler alert: DEI policy wasn't enough to establish discrimination. Five journalists who were formerly employed with Gannett Co., Inc., alleged that the media company’s diversity policies resulted in “reverse”...more

DCI Consulting

What’s in a Name? Replacing ‘Affirmative Action’ with ‘Non-Discrimination in Employment Plan’

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In June 2023, the Supreme Court made a landmark decision in Students for Fair Admissions, Inc. (SFFA) v. President & Fellows of Harvard College (Harvard) and SFFA v. University of North Carolina (UNC), ruling 6-3 that the...more

Constangy, Brooks, Smith & Prophete, LLP

Ten ways to avoid challenges to DEI initiatives

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How prepared is your organization? Since the U.S. Supreme Court’s decision in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College, Diversity, Equity and Inclusion policies have faced increased...more

Trusaic

Florida Attorney General Investigating Starbucks’ DEI Practices

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Florida’s top legal officer said the state will investigate Starbucks for its diversity, equity, and inclusion (DEI) practices. Florida Attorney General Ashley Moody claims Starbucks’ DEI initiatives that are meant to...more

Proskauer - Corporate Defense and Disputes

Ohio Federal Court Holds White Litigant Lacked Standing to Challenge Contest Providing Funding for Black-Owned Businesses

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A federal District Court in Ohio recently ruled that a white litigant did not have standing to assert a discrimination claim against a contest that had provided grants to Black-owned businesses. The decision in Roberts v....more

Kaufman & Canoles

Top 5 Takeaways from the 2024 Sports Lawyers Association Conference

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Earlier this month, firm Associate Will Palmer attended the 49th Annual Sports Lawyers Association conference in Baltimore, MD. In addition to networking with plenty of amazing sports lawyers, risk management, and sports...more

DirectEmployers Association

OFCCP Week In Review - May 2024 #4

DirectEmployers Association on

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee J. Chambers and Cynthia L. Hackerott. In today’s...more

Proskauer Rose LLP

No Good Deed Goes Unpunished: When Employers’ Good Intentions Inadvertently Create Increased Risk

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Employment lawsuits typically involve allegations of an employer’s wrongdoing – claims that the employer or its agents intended to and did mistreat, discriminate, or retaliate against employees. However, these “bad actor”...more

Husch Blackwell LLP

10th Circuit Court of Appeals Affirms that Mandatory Diversity Training does not Constitute Unlawful Discrimination

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Following the U.S. Supreme Court’s decision in Students for Fair Admissions v. Harvard, there has been in increase in litigation challenging employers’ Diversity, Equity, and Inclusion policies and practices. In one recent...more

Pillsbury Winthrop Shaw Pittman LLP

FTC Cracks Down on Business-to-Business Telemarketing and Seeks Input on Addressing Tech Support Scam Calls

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The amended Rule now more broadly prohibits misrepresentation of goods and services during B2B telemarketing calls. The FTC has also amended the Rule to require enhanced recordkeeping practices for telemarketers and...more

Proskauer - California Employment Law

Broadway Actor’s Race Discrimination Claims Sent Back to the Underworld in the Face of Producer’s First Amendment Rights

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A federal court in New York has held that a Broadway musical’s casting decisions—specifically replacing one actor with another actor of a different race—are shielded by the First Amendment from employment discrimination...more

Rumberger | Kirk

Should Diversity, Equity and Inclusion Policies Vanish After Landmark Supreme Court Ruling?

Rumberger | Kirk on

Last June, the United States Supreme Court held in Students for Fair Admissions, Inc. v. President & Fellows of Harvard Coll that affirmative action policies at universities violate the Constitution’s Equal Protection Clause...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

DEI Under Scrutiny, Part VI: Supreme Court Declines to Hear Case Over Race-Neutral Measures Allegedly Intended to Increase Racial...

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The Supreme Court of the United States declined to review a case alleging that facially race-neutral admissions criteria at a selective Virginia public high school were unlawfully intended to strike a racial balance, leaving...more

Hall Benefits Law

Supreme Court’s Affirmative Action Decision Resulting in Shifts in IE&D Programs in the Workplace

Hall Benefits Law on

Only a few months after the U.S. Supreme Court issued its historic decision in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, which prohibited affirmative action in higher education, workplace...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

Implementing OFCCP’s New Scheduling Letter and Itemized Listing: “Fasten Your Seatbelts…”

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In thinking through what are the current, 2024, big ticket items for Affirmative Practice, the head reels. Will the Harvard/University of North Carolina cases lead to court action seeking to limit Affirmative Action practice...more

Mitratech Holdings, Inc

Out With the Old Compliance Year … In With the New

Mitratech Holdings, Inc on

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

Fisher Phillips

SCOTUS Predictions: Blockbuster Decision Will Dismantle Workplace Regulations

Fisher Phillips on

The Supreme Court is set to shake up the workplace world by taking away a great deal of power from federal agencies – including the regulators who oversee many of the nation’s labor and employment laws. That’s according to...more

Akin Gump Strauss Hauer & Feld LLP

Reviewing the 2022 SCOTUS Term

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In this special episode, Akin Supreme Court and appellate practice head Pratik Shah and partner Aileen McGrath look back at the tumultuous 2022 Supreme Court Term....more

Davis Wright Tremaine LLP

Project W - Diversity, Equity, and Inclusion: Charting a Path Forward

Davis Wright Tremaine LLP on

With the recent spate of legal challenges against DEI initiatives, business leaders are being forced to balance their commitment to principles of diversity, equity, and inclusion with the risk of costly and time-consuming...more

Jones & Keller, P.C.

Changes in Labor and Employment Laws from 2018 to 2023; Anticipated Trends for 2024  

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Similar to the prior five years, 2023 brought unprecedented changes in labor and employment laws that have already gone into effect or are now in effect for 2024 in Colorado, across the country in other states, by National...more

Jenner & Block

DEI in the Crosshairs: Reflections On 2023 And Predictions For 2024

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From the classroom to the boardroom, attacks on diversity, equity, and inclusion (DEI) gained significant momentum in 2023. Bolstered by their victory at the Supreme Court in the Students for Fair Admissions (SFFA) cases,...more

Spilman Thomas & Battle, PLLC

The Impact of the Supreme Court’s Decision on Affirmative Action in Education on Workplace DEI

Spilman Thomas & Battle, PLLC on

In June 2023, the United States Supreme Court issued rulings in two related cases: Students for Fair Admissions, Inc. v. President & Fellows of Harvard College and SFFA v. University of North Carolina, Nos. 20-1199 & 21-707,...more

Hinshaw & Culbertson - Insights for Insurers

[White Paper] United States Insurance Trends and Decisions 2023

Hinshaw & Culbertson - Insights for Insurers on

As 2024 rapidly approaches, we look back at some of the key decisions, trends, and developments impacting the U.S. insurance industry in 2023 and look ahead at some trends and cases to watch in 2024. Insurers continue to...more

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