As observed in Dykema’s original alert on the Supreme Court’s recent decision in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, Nos. 20-1199 & 21-707, corporate diversity, equity, and inclusion policies may be impacted by the Court’s broad language on race-based decision making. The ruling has already emboldened those currently in litigation over diversity efforts to push for the elimination of such programs entirely, as discussed in a recent article by the Wall Street Journal.
