THE MISGUIDED USE OF THE HARVARD/UNC RULING TO THWART LAW FIRM AND OTHER PRIVATE EMPLOYER DEI EFFORTS

Authors

Ronald A. Norwood

Files

Description

This article explores the Harvard/UNC ruling and what, in the author’s view, is the misguided efforts by certain political and well-financed private actors to use that ruling to justify the eradication of private employers and law firm DEI efforts. It is the author’s firm belief that because the Supreme Court’s holding is limited to an analysis of the Constitution’s Equal Protection clause (limited to state actors) and Title VI (covering private actions receiving federal funding), that ruling should not be used by courts to quash DEI programs designed to level the employment playing field for minorities, women and other protected classes in accordance with Title VII of the Civil Rights Act of 1964 and EEOC regulations. On the contrary, where such DEI programs seek to remedy historical discrimination at a particular company, provide mandatory DEI training to personnel, or seek to afford opportunities based on race-neutral, socioeconomic factors such as underrepresentation or economic disadvantage, such DEI programs should be deemed in full compliance with existing law and can and should withstand judicial scrutiny.

Publication Date

Spring 2024

Document Type

Article

Keywords

DEI, Diversity Equity & Inclusion, SCOTUS, Supreme Court, Affirmative Action, Harvard/UNC

Disciplines

Civil Rights and Discrimination | Constitutional Law | Courts | Law | Law and Gender | Law and Race | Legal Profession | Supreme Court of the United States

Recommended Citation

Norwood, Ronald A., "THE MISGUIDED USE OF THE HARVARD/UNC RULING TO THWART LAW FIRM AND OTHER PRIVATE EMPLOYER DEI EFFORTS" (2024). SLU Law Journal Online. 128.
https://scholarship.law.slu.edu/lawjournalonline/128