The Justices' decision to strike down race-conscious admissions could have a chilling effect and cause elevated scrutiny around diversity, equity and inclusion initiatives, experts say.
Now that the U.S. Supreme Court has struck down race-conscious admissions in colleges and universities, legal experts say Hollywood should brace for elevated scrutiny around diversity, equity and inclusion initiatives and that employers in the private sector could see a surge of reverse discrimination complaints. The legal challenges will be bolstered by the court’s reasoning questioning the use of racial preferences in any context.
“There will be fights in the corporate setting,” said Neal Katyal, former US acting solicitor general, at the Aspen Ideas Festival on June 29 after the order was issued. “This decision has implications for how corporations think about their DEI programs, their commitments to affirmative action and the like.”
For nearly half a century, race conscious admissions were permitted, in part, based on the idea that there are educational benefits to having a diverse student body. Race was allowed to be considered as long as it wasn’t the sole determinant.
While the majority opinion doesn’t mention Title VII, Chief Justice John Roberts wrote, “Eliminating racial discrimination means eliminating all of it.
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