DEI and Best Practices in Corporate America: Harvard/UNC One Year Later

In Students for Fair Admissions v. Harvard & UNC, the Supreme Court held that race-conscious admissions policies fail strict scrutiny and thus violate the Equal Protection Clause and Title VI of the Civil Rights Act. While the opinion was limited to higher education, the Court’s analysis has emboldened legal advocacy groups to challenge race-conscious decision-making in other contexts, including corporate DEI programs. 

As the first anniversary of the decision approaches, we examine recent legal developments related to corporate DEI efforts and offer considerations for companies that wish to assess their DEI programs, understand their legal exposure, and implement mitigation strategies.