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What's Next for Employers Following the Supreme Court Affirmative Action Decision

Date: July 2023
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The Supreme Court’s decision in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College effectively ended affirmative action in higher education admissions. While the decision does not directly address affirmative action in employment, the ripple effects of the court’s decision may create added risks for employers and ultimately impact affirmative action and diversity initiatives in the long run.

Craig Leen, Leann Walsh, and Kathleen Parker, members of K&L Gates’ Labor, Employment, and Workplace Safety practice, discuss the potential implications of the Supreme Court’s decision for employers, including insights for how employers can continue to support diversity-focused initiatives while avoiding plus factors, preferences, or quotas that are prohibited by law. This discussion is relevant to federal contractors subject to mandatory affirmative action programs, as well as any employer who has voluntary affirmative action or diversity programs.

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