Andrew Turnbull spoke to USA Today about the Supreme Court striking down affirmative action in college admissions, which is limited to higher education but could have ripple effects as the decline in college graduates from underrepresented backgrounds means the loss of a pipeline of future workers and business leaders.
According to Andrew, the Supreme Court decision will likely invite greater scrutiny of the strategies companies use to increase diversity. He noted that while federal law prohibits employers from considering race and other protected characteristics in employment decisions, diversity, equity, and inclusion (DEI) initiatives help employers make their workforces less homogenous and their workplaces more inclusive by casting a wide net for qualified workers from different backgrounds.
"We may see an increase in challenges to those programs because some employees may incorrectly assume this means that their employers can no longer have workplace affirmative action or DEI programs," Andrew said, and added that lawyers are also seeing an uptick in reverse discrimination claims.
Originally published by USA Today
Read the full article.
Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
© Morrison & Foerster LLP. All rights reserved
