Roundup: Employer DEI resources after SCOTUS’ ruling on affirmative action 

On June 29, 2023, the US Supreme Court, in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, ruled colleges' use of race as a factor in student admissions is unconstitutional under the Fourteenth Amendment’s Equal Protection Clause.

Since the decision, there have been various viewpoints on the effect of this ruling on companies’ diversity, equity and inclusion (DEI) programs. For example, the Equal Employment Opportunity Commission (EEOC) announced that the decision “does not address employer efforts to foster diverse and inclusive workforces or to engage the talents of all qualified workers, regardless of their background.” The EEOC said “[i]t remains lawful for employers to implement diversity, equity, inclusion, and accessibility programs that seek to ensure workers of all backgrounds are afforded equal opportunity in the workplace.” In July, state attorneys general wrote to Fortune 100 CEOs about the decision and took different positions based on political affiliation.

To provide employers with some information about the decision and the varying aspects and issues to consider with respect to employers’ DEI programs, this roundup provides links to government information, third-party analyses, news articles and viewpoints. The aggregated content in each section is organized in reverse chronological order and is by no means comprehensive. The content also does not necessarily reflect Mercer’s or the authors’ point of view on the subject.

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