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

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 admissions, and had the potential to call into doubt the legality of federal affirmative action requirements for government contractors as well as some employer diversity programs. In a 4-3 decision, the Court determined that the University of Texas’ race-conscious admissions program in use when the complainant applied to the school is lawful under the Equal Protection Clause. The decision is a positive development for proponents of affirmative action programs in both higher education and in employment.