On June 29, 2023, the United States Supreme Court issued an opinion in Students for Fair Admissions v. Harvard and Students for Fair Admissions v. University of North Carolina, finding that affirmative action programs in college admissions processes violate the Equal Protection Clause of the Fourteenth Amendment. Specifically, the issue in these cases was whether the Supreme Court should overrule Grutter v. Bollinger and hold that institutions of higher learning cannot use race as a factor in admissions. The Court answered race could not be used as a factor in admissions, overruling Grutter v. Bollinger.
The Court did state that college admissions programs may consider “an applicant’s discussion of how race affected the applicant’s life, so long as that discussion is concretely tied to a quality of character or unique ability that the particular applicant can contribute to the university.” However, race-conscious college admissions processes were deemed unconstitutional.
Students for Fair Admissions
Students for Fair Admissions (“SFFA”) is a nonprofit activist group headed by legal strategist Edward Blum. Blum has spearheaded several affirmative action lawsuits over race-based university practices. SFFA represents those who believe that racial classifications and preferences in college admissions are unfair, unnecessary, and unconstitutional.
Summary of Grutter v. Bollinger
On June 23, 2003, the United States Supreme Court issued a landmark opinion concerning affirmative action in student admissions in Grutter v. Bollinger. There, the Court held that a student admissions process that favors underrepresented minority groups did not violate the Fourteenth Amendment’s Equal Protection Clause so long as race is one of many factors in a holistic review process. The decision largely upheld the Court’s decision in Regents of the University of California v. Bakke, which held that while racial quotas are impermissible, race could be considered in the admissions process.
Impact of Affirmative Action Ruling on Employers
In the employment context, affirmative action refers to policies and programs that are designed to actively promote equal opportunity in the workplace. It can include outreach efforts, training programs, and other positive initiatives.
Although the Supreme Court’s ruling does not directly address affirmative action in employment, it may lead employers to revamp their hiring practices and diversity, equity, and inclusion (DEI) programs. More specifically, employers need to review their DEI initiatives to ensure they are in accordance with the law. Although companies will likely continue to promote diversity in their workplace, the court has made clear that discrimination of any kind is not tolerated. Therefore, diversity initiatives should be designed to expand opportunity for underrepresented groups as opposed to programs that consider race, ethnicity, or gender during the selection process.
In summary, although the immediate impact on employers will likely be limited, the ripple effects of the court’s decision can impact diversity initiatives in the long run.
Need More Information?
The experienced Labor and Employment attorneys at Palmer Kazanjian Wohl Hodson are available to review and revise existing policies and programs pertaining to diversity initiatives. We are glad to offer guidance to clients who want to improve their workplace and ensure compliance.