When the U.S. Supreme Court's June 2023 decision in
Students for Fair Admissions, Inc. significantly curtailed
race-based affirmative action in higher education, many predicted
that the decision would have consequences in the employment context
as well. Now, less than a year later, employers are feeling the
impact of that decision in expected – and unexpected –
ways.
As recently reported in Bloomberg Law, public corporations, such as
JetBlue Airways Corp. and Molson Coors Beverage Company, are citing
Diversity, Equity and Inclusion initiatives as a "risk"
factor in their 10-K filings.
According to Bloomberg, since the Court's decision, more
than two dozen publically traded companies mentioned DEI as a risk
factor in their filings. It is now fair to say that DEI, and its
application in corporate America, is being more closely scrutinized
and many employers are now proceeding with caution.
