The Supreme Court's landmark ruling Thursday striking the use of affirmative action in college admissions opened the door to possible litigation over workplace hiring programs that use race as a significant factor.
Legal experts and parties with interests in maintaining affirmative action have long speculated that the decision in Students for Fair Admissions v. University of North Carolina and Students for Fair Admissions v. Harvard may have far broader impacts on corporate diversity, equity, and inclusion efforts.
"Eliminating racial discrimination means eliminating all of it," Roberts said, adding,"The student must be treated based on his or her experiences as an individual—not on the basis of race. Many universities have for too long done just the opposite." "In particular, employers should be fully on notice that diversity is not an appropriate justification for race-discriminatory affirmative action in the workplace," Berry added.
Still, there are some limiting factors to the high court's decision against the decades-old practice. For one, the ruling doesn't apply to military academies, as stated in a footnote on page 22 of the Supreme Court's opinion. Wen Fa, director of legal affairs at the Beacon Center of Tennessee, told the Washington Examiner that civil rights plaintiffs have always sought to challenge"some of these more egregious forms of programs that are labeled as DEI programs" but noted that the college admissions decision"certainly bolsters the principle of equality before the law."
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