The Supreme Court is expected to rule on two high-profile affirmative action cases in higher education. Experts suggest that this could affect how employers handle their diversity initiatives.
Cases before the court
The Supreme Court heard cases against Harvard University and the University of North Carolina at Chapel Hill in late October 2022. They were both sued over their practice of taking race into account when considering applications, by an anti-affirmative action group Students for Fair Admissions. The schools argued that taking “careful and limited consideration of race” into account fosters a diverse student body and better exchange of ideas, among other benefits. Students for Fair Admissions, on the other hand, argued that “race-conscious admissions” flout equal protection law, and fostering a diverse student body is not a compelling reason to continue the practice.
Predictions and implications
It appears that the Court’s majority will side with Students for Fair Admissions. If they rule against the schools, schools will no longer be able to consider race in the admissions process. Furthermore, experts suggest that this will undermine employers who use diversity programs. Because the arguments for diversity in academia are the same as those made for diversity in the workplace, it will likely affect an employer’s ability to set aside funding for diversity and inclusion programs. Non-minority groups could be emboldened to bring discrimination or “reverse discrimination” claims.
The decision has the potential to create a “storm surge” of employment and school admissions claims—and create a less diverse environment overall.
If you’re ready to blow the whistle on employer or academic discrimination, an experienced whistleblower attorney at Kardell Law Group can help. Reach out today to get started.
