The Supreme Court Ended Race-Based Affirmative Action in Higher Ed Admissions

Below please find resources that build on Public Equity Group’s memo on the Supreme Court’s decision on race-based affirmative action.

Read the full memo here.

Additional resources

• If you'd like to read up-to-date articles, news, analysis, opinion pieces and suggestions for diversity programs, turn to the New York Times affirmative action coverage: https://www.nytimes.com/topic/subject/affirmative-action

• For more guidance from the Departments of Education and Justice, read: https://www.ed.gov/news/press-releases/advance-diversity-and-opportunity-higher-education-justice-and-education-departments-release-resources-advance-diversity-and-opportunity-higher-education

• For more information on already prohibited employment policies and practices, review the EEOC’s guidance.  https://www.eeoc.gov/prohibited-employment-policiespractices

• For more information on already prohibited employment policies and practices, review the EEOC's guidance: https://www.eeoc.gov/laws/guidance/questions-and-answers-about-race-and-color-discrimination-employment

• For more information on the OFCCP's position on legality of federal contractor affirmative action requirements, read: https://www.dol.gov/agencies/ofccp/faqs/AAFAQs

• To learn more about Title VII, read the Wall Street Journal's article "Is Your Company's DEI Program Lawful?" https://www.wsj.com/articles/is-your-companys-dei-program-lawful-business-title-vii-race-affirmative-action-harvard-cd4d9582

• For the conservative state Attorneys General letter targeting DEI programs, and for the 21 jurisdictions response defending them, read: https://news.bloomberglaw.com/esg/democratic-ags-pledge-legal-cover-for-companies-diversity-goals

• For an article on the uptick in reverse discrimination cases in employment DEI programs over the past several years, read: https://news.bloomberglaw.com/esg/host-of-companies-sued-alleging-unmet-diversity-equity-pledges 

• For practical takeaways for employers: https://www.klgates.com/Practical-Takeaways-for-Employers-from-the-Supreme-Court-Affirmative-Action-Decision-6-30-2023

• For guidance on using racial data: https://hbr.org/2023/07/how-to-effectively-and-legally-use-racial-data-for-dei 

• For guidance about federal contracting considerations: https://ogletree.com/insights/the-supreme-courts-affirmative-action-ruling-6-takeaways-for-government-contractors/

• For guidance for boards and management: https://corpgov.law.harvard.edu/2023/08/09/dei-initiatives-post-sffa-considerations-for-boards-and-management/

• For guidance on workplace affinity groups from Ogletree Deakins

• For ramifications from U.S. Court of Appeals for the Eleventh Circuit ruling on a venture capital fund that provided grants and other benefits to black women-owned businesses from Ogletree Deakins employment law experts (including Linda Goldman, PEG advisor)

• For guidance on how organizations can maintain legal hiring practices while promoting diversity: https://www.hrdive.com/news/dei-backlash-talent-acquisition/719776/

Please check back for updates.