Advancing Equal Employment Opportunity

The United States Supreme Court recently decided two im- portant cases involving university admissions policies: Stu- dents for Fair Admissions (SFFA) v. University of North Carolina (UNC) and SFFA v. Harvard College. In these cases, the Court held that the UNC and Harvard College affirmative action programs, which consider race as one factor of many as part of a holistic admissions process, violated the Equal Protection Clause. In so holding, the Court undermined equal opportunity by significantly paring back the circumstances in which race can be used in higher education admissions.

These cases address college admissions—nothing else. The Supreme Court’s decision does not change employment law. Although opponents of civil rights argue the contrary, employers continue to have a duty to create workplaces free from discrimination, including through efforts designed to achieve diversity, equity, inclusion, and accessibility (DEIA).