Executive Summary: Following the Supreme Court’s decision in SFFA v. Harvard/UNC, Attorneys General from 13 states and United States Senator Tom Cotton of Arkansas sent letters to business leaders, warning of potential legal risks associated with their Diversity Equity & Inclusion (DEI) programs.
Articles Discussing Workplace Diversity.
Since the United States Supreme Court issued its ruling in Students for Fair Admissions v. Harvard University and the University of North Carolina on June 29, 2023, striking down race-conscious admission processes in higher education, it has sent shock waves throughout the corporate community as business leaders consider the
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 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, and inclusion (DEI) efforts. While the decisions will directly affect admissions policies at higher education institutions across the country,
In celebration of Disability Pride Month, Jennifer Duke, Littler Learning Group Director and attorney, talks with Anna Curry Gualano, Littler Principal and co-chair of the firm’s Individuals with Disabilities affinity group, about the importance of disability inclusion and its impact in the workplace for both employers and employees.
On June 23, 2023, the U.S. Supreme Court overturned a 20-year precedent in two lawsuits: Students for Fair Admissions v. President and Fellows of Harvard College and Students for Fair Admissions v. University of North Carolina (SFFA v. Harvard/UNC). These lawsuits challenged race-based admission policies. Justice Roberts, authoring the majority opinion, insisted that race cannot be a deciding factor in university admissions, but did not exclude considering an applicant’s racial experiences if tied to unique character traits or abilities. He emphasized that the Fourteenth Amendment’s Equal Protection Clause applies to everyone, irrespective of race, color, or nationality. Justice Roberts critiqued the affirmative action programs for their lack of clear objectives, negative racial implications, and racial stereotyping, concluding, “We have never allowed admissions programs to function this way, and we won’t begin today.”
In 2021, in Duvall v. Novant Health, a North Carolina jury awarded a former white Novant Health executive over $3 million dollars in actual damages based on race discrimination allegations centering around assertions that Duvall was terminated from employment and ultimately his job duties were taken over by women and/or minorities as part of the company’s efforts to meet diversity goals that the company had committed to.
Earlier that same year, Sal Kafiti, a male in-house attorney, filed a reverse sex discrimination lawsuit against his employer AB Electrolux and Electrolux North America claiming he was denied a promotion because he is a man and Electrolux’ diversity efforts led the company to engage in the discriminatory practice of hiring and promoting women above males to meet these goals. It is unclear exactly how the case resolved, but the parties ultimately filed a joint stipulation of dismissal with prejudice, asking the court to dismiss the lawsuit in July 2021.
In this episode, Jen chats with Julia Melnicoe, Shaw Law Group’s DEI expert, about DEI(B) programs and how to drive cultural change in your organization.
Organizational leaders focused on creating and maintaining a diverse and inclusive workplace don’t have to have all the answers. DEI at its most effective simply means that employers are willing to be part of the growth process to collaborate in creating better systems and, ultimately, become better allies while allowing employees to feel aligned and supported.
The technology industry has often paved the way for DEI initiatives. However, one type of diversity has often been neglected—by all types of organizations including tech—and extends beyond visible traits such as race, ethnicity, or gender.
Welcome and thank you for joining us for this special edition of We Get Work, live from Jackson Lewis’ Corporate Counsel Conference, CCC2023, at the Waldorf Astoria Monarch Beach resort in Orange County, California. What follows are high level conversations on conference programs and why they were important topics to present now.
We’re thinking about rolling out some IE&D initiatives – is that the same thing as an Affirmative Action Plan?
The short answer is no, and there is often confusion between an Affirmative Action Plan, or AAP, and more general and voluntary IE&D initiatives.
The U.S. Department of Education Office for Civil Rights (OCR) has published a factsheet entitled “Diversity and Inclusion Activities Under Title VI,” clarifying that diversity, equity, and inclusion training “in most factual circumstances” is consistent with Title VI of the Civil Rights Act of 1964 (Title VI).
As employers enhance their inclusion, equity and diversity (IE&D) efforts, federal and state courts have seen an uptick in litigation over the scope and validity of various public and private IE&D measures. State and local legislatures have been active in the IE&D space, focusing on pay equity, diversity