Since the U.S. Supreme Court decided in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (SFFA) that the undergraduate affirmative action admissions practices of Harvard College and the University of North Carolina (UNC) violated the equal protection clause of the Fourteenth Amendment to the Constitution and Title VI of the Civil Rights Act of 1964, there has been significant concern among employers that their own diversity, equity and inclusion (DEI) practices may come under scrutiny. Now, two months later, employers have more questions than they have answers about the future legality of DEI in the private workplace.
Read the alert.