With the U.S. Supreme Court seemingly poised to end affirmative action for college admission programs, many U.S. employers are wondering whether or to what extent they can continue their diversity, equity, and inclusion (DEI) and affirmative action programs. Although a Court decision ending or limiting the use of affirmative action for university admissions will not likely have direct application to workplace DEI and affirmative action programs, companies may be indirectly impacted by the decision, including through potential legal challenges to their programs. Employers are also increasingly having to navigate the growing trend of state legislation and measures seeking to limit workplace DEI efforts. In light of these trends and the anticipated Court decision, employers should:
- anticipate increased challenges to their DEI and affirmative action programs;
- monitor state legislation and regulation aimed at restricting workplace DEI training, policies, and practices; and
- review their existing DEI and affirmative action programs to determine if they might be vulnerable to attack.
Read our client alert.