News & Analysis as of August 14, 2025

Educational Institutions

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Title VII of the Civil Rights Act is a United States federal law enacted in 1964 and aimed at preventing discrimination in the workplace on the basis of race, color, sex, national origin, and religion. Title VII has been subsequently extended to discrimination on the basis of pregnancy and sexual stereotypes and to prohibit sexual harassment. Title VII applies to all employers with fifteen or more employees including private employers, state and local governments, and educational institutions. less -

DOJ Issues Guidance to Recipients of Federal Funding for Compliance With Federal Antidiscrimination Laws

McGuireWoods LLP on 8/5/2025

On July 30, 2025, the U.S. Department of Justice issued a Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination, warning that many programs and initiatives labeled as Diversity, Equity and Inclusion...more

DOJ Issues Sweeping Memorandum on Unlawful Discrimination

Husch Blackwell LLP on 8/5/2025

On July 29, 2025, the U.S. attorney general released a new memorandum providing guidance on the application of federal antidiscrimination laws for recipients of federal funding—including private and public colleges and...more

Achieving DEI Compliance…On Your Website

Foley & Lardner LLP on 5/9/2025

Diversity, Equity & Inclusion (DEI) efforts, and the term itself, have become increasingly scrutinized and subjected to legal challenges by both government and private actors, making an understanding of the current DEI...more

Connecticut State Department of Education Issues New Transgender Student Guidance

Pullman & Comley - School Law on 1/18/2024

Late last week the Connecticut State Department of Education (“CSDE” or “Department”) issued new guidance addressing the rights of transgender students in Connecticut schools. Entitled Guidance on Civil Rights Protections...more

Supreme Court Decision May Impact Your Company’s Diversity, Equity, and Inclusion Initiatives

Conn Kavanaugh on 12/28/2023

The U.S. Supreme Court recently held that it is illegal to consider race in college admissions decisions. While the decision did not apply to employers, employers should be aware that the decision is being used as a roadmap...more

Shaking the Foundations of DEI? The Impact of the Students for Fair Admissions Decision on Corporate Diversity Initiatives

FordHarrison on 7/25/2023

Executive Summary: On June 23, 2023, the U.S. Supreme Court overturned a 20-year precedent in two lawsuits: Students for Fair Admissions v. President and Fellows of Harvard College and Students for Fair Admissions v....more

Next Stage Considerations About the Supreme Court’s Affirmative Action Decision: How to Put the Warning Letter from the State...

Faegre Drinker Biddle & Reath LLP on 7/24/2023

As higher education institutions, state and local governments, private employers and federal contractors grapple with understanding the impacts of the U.S. Supreme Court’s decision in Students for Fair Admissions v. President...more

The Supreme Court Decides Race Cannot Play a Role in College Admissions

Miles & Stockbridge P.C. on 7/14/2023

In a landmark decision, the Supreme Court held last month that race-based college admissions programs violate the U.S. Constitution’s promise of equal protection under the law. The main issue before the court in Students for...more

EO 11246 Following the Harvard-UNC Supreme Court Cases: Why Federal Contractors Should Stay the Course for Now

Morgan Lewis on 7/14/2023

The US Supreme Court’s June 29 decision in Students for Fair Admissions, Inc. v. University of North Carolina and Students for Fair Admissions, Inc. v. Harvard University (the Harvard-UNC cases), which will have a...more

Harvard and UNC [6 Things You Need to Consider for Your DEIA Program]

DCI Consulting on 7/14/2023

DCI Consulting Group (DCI) is monitoring reactions, answering questions, and releasing content related to the June 2023 Supreme Court ruling on with affirmative action in higher education. The Court's majority opinion was...more

What Does Affirmative Action’s Death Knell Mean for Employers?

Sheppard Mullin Richter & Hampton LLP on 7/13/2023

At the end of June, the U.S. Supreme Court’s decision in Students for Fair Admissions, Inc. v. President & Fellows Of Harvard College, Nos. 20-1199 & 21-707, 2023 WL 4239254 (U.S. June 29, 2023), outlawed race-based...more

Reviewing Admission Practices Following the Students for Fair Admissions Supreme Court Decision

Steptoe & Johnson PLLC on 7/13/2023

As has been widely reported in the national media, on June 29, 2023, the United States Supreme Court, in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College (SFFA), invalidated the affirmative action...more

Federal Contractors and Employers with DEI Initiatives: Three Takeaways from SCOTUS Decision Striking Down Racial Preferences

Husch Blackwell LLP on 7/12/2023

On June 29, 2023, in a 6-3 decision authored by Chief Justice Roberts, Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, the U.S. Supreme Court (“Court” or “Supreme Court”) held that college and...more

Implications of 'Students for Fair Admissions' for Private Employers

Katten Muchin Rosenman LLP on 7/12/2023

Late last month, the Supreme Court delivered a significant ruling on affirmative action in the jointly decided cases Students for Fair Admissions v. Harvard and Students for Fair Admissions v. University of North Carolina...more

Now What? Practical Tips for Colleges After U.S. Supreme Court's Affirmative Action Ruling

Parker Poe Adams & Bernstein LLP on 7/11/2023

College and university admissions will now be more subjective, complex, and — as a result — expensive for many schools. Those are a few takeaways from the U.S. Supreme Court’s ruling on June 29 effectively ending affirmative...more

Employment Recruitment and DEI Initiatives Following the Supreme Court’s Affirmative Action Decision

Venable LLP on 7/11/2023

On June 29, 2023, the Supreme Court effectively overturned long-standing affirmative action precedent and held that race-conscious college admissions programs violate the Equal Protection Clause of the Fourteenth Amendment...more

Supreme Court Restricts Use of Race in College Admissions; Decision Could Impact Employers as Well

Lathrop GPM on 7/7/2023

On June 29, 2023, the United States Supreme Court issued a landmark ruling sharply restricting the use of race in college admissions. The Court’s decision immediately reshaped the landscape of student affirmative action...more

College Legacy Admission Preferences Called Into Question in New Challenge

McGuireWoods LLP on 7/7/2023

On July 3, 2023, just days after the U.S. Supreme Court’s landmark decision in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College (SFFA), a new challenge is arising related to collegiate admissions....more

U.S. Supreme Court Invalidates Race-Conscious Admissions: Key Considerations for Postsecondary Institutions, Employers and Others

Faegre Drinker Biddle & Reath LLP on 7/7/2023

On June 29, 2023, the U.S. Supreme Court decided Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, No. 20-1199, and Students for Fair Admissions, Inc. v. University of North Carolina et al., No....more

Impact of SCOTUS Affirmative Action Ruling on Employers

Akin Gump Strauss Hauer & Feld LLP on 7/6/2023

Key Takeaways - In Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, the U.S. Supreme Court overturned its past precedent and held that the goal of achieving a diverse student body cannot...more

Potential Private Sector Implications of the Supreme Court's Affirmative Action Ruling

Skadden, Arps, Slate, Meagher & Flom LLP on 7/6/2023

The U.S. Supreme Court’s landmark decision in the cases Students for Fair Admissions, Inc. v. President and Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North Carolina upended prior...more

Supreme Court Strikes Down Race-Conscious Admissions: Implications for Corporate DEI Programs

Ballard Spahr LLP on 7/6/2023

Summary - The Supreme Court’s decision in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North Carolina (collectively SFFA), in a 6-3...more

Now That We're Past the Holiday, Let's Dissect the Supreme Court's Decision Concerning Affirmative Action and Any Implications It...

BakerHostetler on 7/6/2023

In a 6-3 decision, the U.S. Supreme Court held in Students for Fair Admissions, Inc. v. President and Fellows of Harvard Coll., No. 20-1199, 600 U.S. – (U.S. June 29, 2023) (available here) that affirmative action programs at...more

Does SCOTUS decision on affirmative action put employers’ DEI efforts at risk?

Constangy, Brooks, Smith & Prophete, LLP on 7/6/2023

On June 29, the U.S. Supreme Court held that admissions policies at Harvard University and the University of North Carolina violated the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution by using...more

U.S. Supreme Court SFFA College Affirmative Action Ruling: Implications for Corporate DEI

McGuireWoods LLP on 7/6/2023

On June 29, 2023, the U.S. Supreme Court struck down the affirmative action student admissions practices at Harvard College and the University of North Carolina at Chapel Hill (UNC) in a pair of cases brought by Students for...more

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Title VII › Equal Protection › Educational Institutions

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