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Equal Protection Employment Discrimination Title VI

The Equal Protection Clause is a section of the 14th Amendment to the United States Constitution that provides that "no state shall...deny to any citizen within its jurisdiction the equal protection of the... more +
The Equal Protection Clause is a section of the 14th Amendment to the United States Constitution that provides that "no state shall...deny to any citizen within its jurisdiction the equal protection of the laws." Essentially, the Equal Protection Clause provides that the government must treat an individual the same way that it treats other individuals in the same circumstances. The 14th Amendment Equal Protection Clause applies only to state governments, but the requirements of the clause apply to the federal government through the Due Process Clause of the 5th Amendment. less -
FordHarrison

Inclusion Without Violation: Navigating the Attorney General's New DEI Guidance

FordHarrison on

On July 29, 2025, the U.S. Department of Justice (DOJ), through the Attorney General (AG), issued new guidance directed to all federal agencies, and applicable to federal fund recipients, that diversity, equity, and inclusion...more

Wiley Rein LLP

DOJ Clarifies Administration’s Stance on What Constitutes “Illegal DEI”

Wiley Rein LLP on

On July 29, 2025, the U.S. Department of Justice (DOJ) released a memorandum titled “Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination” (the Memorandum) that provides clarity on what the...more

Skadden, Arps, Slate, Meagher & Flom LLP

Attorney General Issues Memorandum on Unlawful Discrimination for Recipients of Federal Funds

- What is new: The Office of the U.S. Attorney General issued important guidance clarifying that any policy or practice distinguishing based on protected characteristics may violate federal antidiscrimination laws, including...more

Proskauer Rose LLP

Implications of U.S. Supreme Court Decision Overturning Affirmative Action Precedent in Higher Education

Proskauer Rose LLP on

On June 29, 2023, the U.S. Supreme Court ruled in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College that race-conscious admissions programs at Harvard College and the University of North Carolina...more

Jackson Lewis P.C.

Ten DEI Steps Employers Should Consider Now

Jackson Lewis P.C. on

The U.S. Supreme Court held the use of race in university and college admissions is unconstitutional in its Students for Fair Admissions, Inc. decisions on June 29, 2023. The Court’s ruling directly addresses only the...more

Mitratech Holdings, Inc

Supreme Court Strikes Down Affirmative Action in College Admissions

On Thurs. June 29, 2023, the Supreme Court ruled that race-conscious admissions policies are unconstitutional and invoked the Equal Protection Clause of the 14th Amendment, stating that Harvard’s and UNC’s admissions programs...more

Gould + Ratner LLP

Workplace Diversity Efforts Remain Legal But Face Increased Scrutiny in Wake of Supreme Court’s Affirmative Action Decision

Gould + Ratner LLP on

In the wake of the U.S. Supreme Court’s momentous ruling this summer on the use of affirmative action in college admissions, many companies may wonder what it means for their affirmative action and Diversity, Equity and...more

Jackson Lewis P.C.

U.S. Supreme Court Holds Use of Race In Admissions By College, University Is Unconstitutional

Jackson Lewis P.C. on

The use of race in admissions by Harvard College and the University of North Carolina (UNC) is unconstitutional, the U.S. Supreme Court has held in a decision written by Chief Justice John Roberts. Students for Fair...more

Husch Blackwell LLP

Supreme Court Prohibits Consideration of Race in College Admissions

Husch Blackwell LLP on

The Supreme Court of the United States issued a decision prohibiting direct consideration of race in college and university admissions. The Court held that the race-conscious admissions programs at Harvard University and the...more

Constangy, Brooks, Smith & Prophete, LLP

What the Supreme Court’s likely ruling in the UNC/Harvard cases might mean for employers

Last Monday, the U.S. Supreme Court heard oral argument in two cases challenging the use of race as one factor among many by colleges in considering student applicants. The cases are Students for Fair Admissions v. University...more

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