The Impact of the Supreme Court’s Affirmative Action Decision on Employer DEI Programs

Note: This program does not offer DEI / Bias credit in any jurisdiction.  It offers General/Professional Practice credit.

The Supreme Court’s decision striking down race-conscious admissions policies at Harvard and the University of North Carolina will have a major impact on the way colleges and universities make admissions decisions.  But the Court’s decision does not cover employment decision making.  Employers already are prohibited from considering race as a factor when making employment decisions.  So why should employers care about the SCOTUS decision when thinking about their own employment practices and DEI programs?

This program will discuss the impact that the Court’s decision will have on existing workplace DEI programs, DEI backlash and the risks of abandoning DEI initiatives, how federal contractors should think about affirmative action programs and other best practices.

During this discussion, registrants will:

• Learn about the key holdings of the Supreme Court’s decision and how it relates to the existing employment law legal landscape (15 minutes)
• Gain an understanding of how the decision might impact employers and their existing DEI programs (10 minutes)
• Learn best practices for establishing and implementing legally compliant workplace DEI initiatives (15 minutes)
• Develop an appreciation for potential backlash against DEI initiatives in the wake of the Supreme Court’s decision (10 minutes)
• Understand the risks for employers that might consider abandoning DEI initiatives following the Supreme Court’s decision (5 minutes)
• Consider the impact of the Court’s decision on federal contractor affirmative action programs (5 minutes)

Program Level: Update

Prerequisites: None

Advanced Preparation: None

Faculty:

Michael Delikat

Orrick, Herrington & Sutcliffe LLP

Lisa Lupion

Orrick, Herrington & Sutcliffe LLP

Jill L. Rosenberg

Orrick, Herrington & Sutcliffe LLP