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Should employers revise diversity programs in light of recent Supreme Court ruling?

Employers should review and, perhaps, revise their diversity, equity, and inclusion (DEI) policies in light of the U.S. Supreme Court’s recent ruling in Students for Fair Admissions v. Harvard (SFAA) that prohibits the use of race as a plus factor in college admissions decision-making.

Chief Justice John Roberts, joined by the five other members of the court’s conservative majority, concluded that using race to admit some applicants in the zero-sum college admissions process necessarily excludes other applicants based on race. That, said the court, violates Title VI of the Civil Rights Act of 1964, (CRA) which prohibits discrimination “on the ground of race, color, or national origin ... under any program or activity receiving Federal financial assistance.” Almost all colleges and universities receive student payments made with federally backed student loans.

Why should a ruling addressing only the use of race in college admissions decision-making constrain the use of race in employment decision-making?

Click here to read the full article written by SCMV Shareholder Dan Eaton and published in The San Diego Union-Tribune.

November 19, 2023  |  Categories: Articles & Publications
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