Diversity On Trial: Navigating Employer Diversity Programs Amidst Shifting Legal Landscapes

Authors

Mariana Larson

Abstract

In the Summer of 2023, in a pivotal move, the Supreme Court nullified the application of affirmative action policies in both private and public universities nationwide. The Supreme Court’s holding stripped the use of any race-conscious guidelines for admission aimed at enhancing diversity on college campuses. Although the Supreme Court’s holding is grounded in Title VI and does not directly implicate employers and businesses, its aftereffects are poised to reshape how organizations approach their diversity, equity, and inclusion (DEI) initiatives. The legal landscape in this area is quickly evolving and employers need to be prepared to evaluate and potentially revise their DEI policies to mitigate legal exposure. This article extends its focus to the implications of the Supreme Court’s decision within the employer context and delineates strategies and actions that employers can implement to limit their risk. In the face of legal uncertainties, this article serves as a guidepost, encouraging employers and businesses to not only adapt but to persevere in their pursuit of diversity, equity, and inclusion.

First Page

239

Recommended Citation

Mariana Larson, Diversity On Trial: Navigating Employer Diversity Programs Amidst Shifting Legal Landscapes, 8 Bus. Entrepreneurship & Tax L. Rev. 239 (2024).
Available at: https://scholarship.law.missouri.edu/betr/vol8/iss1/11