Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherBrowse by ChannelAbout the NetworkJoin the NetworkProductsSub-MenuProducts OverviewBlog ProBlog PlusBlog PremierMicrositeSyndication PortalsAbout UsContactSubscribeSupport
Book a Demo
Search
Close

Dissecting the Supreme Court’s Decision Concerning Affirmative Action and Any Implications It May Have for Private Employers

By Amy J. Traub on July 6, 2023
Email this postTweet this postLike this postShare this post on LinkedIn
US Supreme Court
The United Stated Supreme Court in Washington DC

*Thank you to Olivia Williams, Matt Berger, Delores Chichi, Mitch Robinson and Jennifer DeVlugt for their contribution to this Alert.

Key Takeaways

  • DE&I efforts across all institutions, including private employers, remain beneficial, positive and welcome efforts provided that such efforts are inclusive and do not rely on protected categories in any decision-making process.
  • With future legal attacks on DE&I efforts likely, private employers should take inventory of all of their current programs and policies and audit them for risk.

In a 6-3 decision, the U.S. Supreme Court held in Students for Fair Admissions, Inc. v. President and Fellows of Harvard Coll., No. 20-1199, 600 U.S. – (U.S. June 29, 2023) (available here) that affirmative action programs at educational institutions fail to satisfy the narrow restrictions of the Fourteenth Amendment’s Equal Protection Clause.

While this ruling only immediately impacts educational institutions, the decision will almost certainly have an effect on employers’ diversity, equity and inclusion (DE&I) efforts. Understanding the decision as it applies to educational institutions is critical to understanding its potential implications on private employers, so let’s start there.

Read full alert.

Photo of Amy J. Traub Amy J. Traub
Read more about Amy J. TraubEmailAmy's Linkedin Profile
  • Posted in:
    Employment & Labor
  • Blog:
    Employment Law Spotlight
  • Organization:
    Baker & Hostetler LLP
  • Article: View Original Source

LexBlog, Inc. logo
Facebook LinkedIn Twitter RSS
Real Lawyers
99 Park Row
  • About LexBlog
  • Careers
  • Press
  • Contact LexBlog
  • Privacy Policy
  • Editorial Policy
  • Disclaimer
  • Terms of Service
  • RSS Terms of Service
  • Products
  • Blog Pro
  • Blog Plus
  • Blog Premier
  • Microsite
  • Syndication Portals
  • LexBlog Community
  • Resource Center
  • 1-800-913-0988
  • Submit a Request
  • Support Center
  • System Status
  • Resource Center
  • Blogging 101

New to the Network

  • Beyond the First 100 Days
  • In the Legal Interest
  • Cooking with SALT
  • The Fiduciary Litigator
  • CCN Mexico Report™
Copyright © 2025, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo