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ARTICLE · 25 AUGUST 2023

Employers Face Questions On Diversity Programs

Manatt, Phelps & Phillips, LLP
Manatt, Phelps & Phillips, LLP
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In the wake of the U.S. Supreme Court's June decision in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College...

United StatesCorporate/Commercial Law
Manatt, Phelps & Phillips, LLP
Manatt, Phelps & Phillips, LLP

In the wake of the U.S. Supreme Court's June decision in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, where the justices struck down the use of affirmative action as part of the admissions process at institutions of higher education, employers are facing concerns about workplace diversity policies in the form of dueling letters from state Attorneys General (AGs).

A group of 13 Republican AGs sent a letter to every company on the Fortune 100 list, arguing that race-based initiatives and quotas in recruiting, retention and advancement that attempt to achieve racial diversity may constitute unlawful discrimination.

The letter cautioned that companies that fail to stop using such race-based quotas will be "held accountable."

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