HR Policy Members Explore Implications of Supreme Court’s Harvard Decision on DEI

On June 29, the Supreme Court issued its decision in Students for Fair Admissions v. Harvard and Students for Fair Admissions v. North Carolina, ruling that colleges and universities may no longer consider race in admissions decisions. HR Policy hosted a webinar led by CEO, Tim Bartl, to review the decision and discuss its potential short and long-term implications for employers.  

While the decision does not change existing obligations for employers under Title VII (which prohibits discrimination in employment decisions), it may spur increased challenges to employer DEI practices.  

Jason Schwartz began the webinar with an overview of the two cases. He noted that this decision will make corporate DEI initiatives and practices more important in the future as the decision will impact the pipeline of graduates from select colleges and universities. He also spoke of the importance of conducting privileged audits of current DEI programs, and to categorize those programs as “green” (acceptable as is), “yellow” (needing review), or “red” (needing alteration) to protect against potential legal challenges. 

Lucien Alziari discussed company approaches to DEI in the wake of the ruling. “DEI programs are not intended to create an advantage, but to create an equal playing field, he reminded” He also discussed the importance of establishing a senior executive level inclusion council, and implementing effective communication to employees on these programs to reaffirm the organization’s values.

“Look at demographic shifts and how it impacts your pipeline,” noted Michele Carlin when discussing how the recent Supreme Court decision will affect company initiatives. When speaking about the future of DEI programs, Ms. Carlin noted the importance of continuous internal reviews of practices.   

Challenges Underway: A series of lawsuits against diversity programs are already pending in state and federal courts, and a group of state attorneys general has warned large companies regarding legal action against employers whose programs violate state or federal law. While it remains to be seen how such legal challenges shake out over the coming years, in the meantime, the Association will continue to provide resources and engage membership examine the practical implications the Supreme Court’s ruling may have on the diversity of the talent pipeline coming into the workforce.