SCOTUS Effectively Ends Affirmative Action For College Admissions: What This Decision Might Mean For Workplace Diversity Programs

As anticipated, the U.S. Supreme Court's decision in the two companion cases brought by the Students for Fair Admissions, Inc. (SFFA) against Harvard University (Harvard) and the University of North Carolina (UNC) ended affirmative action for college admissions by effectively overruling the Court's longstanding precedent in Grutter v. Bollinger and other cases allowing for race-conscious admission policies for higher education.

While the full implications of the Court's decision remain to be seen, many companies have been anticipating how the decision could affect their workplace diversity, equity, and inclusion (DEI) and affirmative action programs. As we previously reported, the Court's decision does not directly prevent companies from continuing workplace DEI programs and affirmative action plans. Companies, however, may be indirectly impacted by the decision, including by a potential increase in legal challenges to their DEI programs. Employers should consider