U.S. Supreme Court Eliminates Affirmative Action in Higher Education

September 20, 2023
Hall Benefits Law, LLC

On June 29, 2023, the U.S. Supreme Court issued its ruling in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, in which it struck down affirmative action in higher education. The decision ended 40 years of colleges and universities being able to consider race as a factor in their admissions processes.

The case arose from two lawsuits in which Students for Fair Admissions, Inc. accused Harvard University and the University of North Carolina of racial discrimination in their admissions process. The majority opinion, joined by all six of the high Court’s conservative justices, found that each university’s admissions programs did not meet the constitutional criteria for race-based admissions systems under the Equal Protection Clause for the Fourteenth Amendment.

Employers should be aware that the Supreme Court ruling could have a corresponding impact on workplace diversity, equity, and inclusion (DE&I) programs. If the ruling leads to decreased college admissions for people of color, then there may be fewer employment opportunities for people of color. These changes could disrupt recruiting and hiring efforts as part of larger DE&I strategies, having the potential to jeopardize workplace diversity.

Nonetheless, Title VII of the Civil Rights Act of 1964 already bars employers from considering race in recruiting, hiring, promoting, or terminating employees. The U.S. Equal Employment Opportunity Commission (EEOC) also confirmed that the Supreme Court decision in no way prohibits or affects DE&I efforts by employers. Therefore, at this point, the ruling should not change the way that employers develop and implement their DE&I efforts. To foster a diverse workplace, employers should continue their commitment to DE&I programs, following EEOC and the U.S. Department of Labor (DOL) guidance.

HBL has experience in all areas of benefits and employment law, offering a comprehensive solution to all your business benefits and HR/employment needs. We help ensure you are in compliance with the complex requirements of ERISA and the IRS code, as well as those laws that impact you and your employees. Together, we reduce your exposure to potential legal or financial penalties. Learn more by calling 470-571-1007.

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Hall Benefits Law, LLC

HBL offers employers comprehensive legal guidance on benefits in mergers and acquisitions, Employee Stock Ownership Plans (ESOPs), executive compensation, health and welfare benefits, healthcare reform, and retirement plans. We counsel a wide spectrum of clients including small, mid-sized, and large companies, 401(k) investment advisors, health insurance brokers, accountants, attorneys, and HR consultants, just to name a few. HBL is passionate about advising clients, and we are dedicated to our mission: to provide comprehensive, personalized, and practical ERISA and benefits legal solutions that exceed client expectations.

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