By Sarah Leon & Jenna B. Rubin, Fisher Philips (from August 16, 2024)
We’re starting to see courts define the boundaries of permissible DEI programs in the aftermath of last year’s SCOTUS decision limiting “race conscious” programs such as affirmative action in college admissions. For example, a recent federal appeals court decision cast a wider net over which types of programs may run afoul of the law. Specifically, the court blocked a business from providing certain grants solely to Black women business owners, finding that the program likely violated a federal law against race discrimination. While the decision involved a venture capital firm, it highlights the scrutiny placed on Diversity, Equity, and Inclusion programs and may cause concern for schools that provide affirmative action opportunities. Furthermore, it serves as a reminder to review your scholarships and other inclusion programs to ensure they comply with federal equal rights law. Here’s are the three key takeaways for schools as you adapt your DEI programs.
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