Diversity

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U.S. Supreme Court, in Viking River Cruises, Inc. v. Moriana

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 university race-conscious admission decisions at Harvard University and the University of North Carolina violate the Equal Protection Clause of the 14th Amendment (“the Harvard-UNC Decision”). The specifics of the race-conscious admissions process used by these higher education institutions and the Supreme Court’s opinion is more fully discussed in Husch Blackwell’s recent post, Supreme Court Prohibits Consideration of Race in College Admissions. The majority and concurring opinions, though, have prompted speculation about the decision’s potential impact on federal contractors subject to affirmative action obligations to provide equal employment opportunities to minorities and women under Executive Order 11246 as well as on employers that have voluntarily adopted diversity, equity, and inclusion (DEI) initiatives. While the Harvard-UNC Decision addressed racial preferences as opposed to affirmative action to ensure equal employment opportunities, the decision provides federal contractors and private employers with some guideposts for lawful implementation of affirmative action and DEI practices.

When the pandemic hit, many employees began working remotely. Even now, post-pandemic, many employers have maintained flexible work options for employees. With remote working increasing, many employers are grappling with new ways to create a workplace community that can flourish in the new remote work reality. One strategy is the creation of Employee Resource Groups (“ERGs”).

We’ve emerged from the traditional winter season of flu, strep, and stomach viruses (often on repeat for those with small children) and are well into the traditional spring season of sneezing, sniffling, and coughing. As such, it is worth considering the role healthcare plays in each of our lives. For some, we might have found ourselves at the doctor a few times over the past year—once for an annual wellness visit and once or twice for antibiotics.

Many companies have invested in and prioritized diversity, equity, inclusion, and accessibility (DEIA) initiatives over the past several years. And for good reason: DEIA initiatives have been proven to improve employee recruitment, retention, and morale, and to help mitigate risks associated with potential disparate treatment and discrimination claims by employees.