This fall, the Supreme Court will hear a pair of cases involving challenges to affirmative action admissions programs at Harvard University and the University of North Carolina at Chapel Hill. Results in either case could substantially alter the landscape for diversity programs in higher education, and set the stage for potential changes in the employment arena.
Both cases involve challenges to the schools’ race-conscious admissions programs. Harvard is accused of discriminating against Asian American students, while UNC-Chapel Hill is accused of giving preference to Black, Hispanic, and Native American candidates over white and Asian candidates.
Race-conscious admissions programs could be in peril. The Supreme Court has not heard a case involving affirmative action in college admissions since 2016, when the Court—in accordance with years of precedent—held that race could be one factor, among many, in evaluating applicants. Such precedent is more likely than not to be altered—perhaps significantly—given the Court’s current conservative bent, with several of the six conservative justices on record as skeptical of the legality of such race-conscious programs.
Implications for employers: A decision that significantly restricts affirmative action programs in college admissions could have a considerable impact on employee recruitment. Many employers rely heavily on college students for talent recruitment, and particularly for diverse talent. Restrictions on affirmative action programs in college admissions could slow the pipeline of diverse talent from college campuses into American workplaces and reduce an employer’s ability to foster a diverse and inclusive workplace—an essential characteristic of large companies today.
Further, the Supreme Court’s potential rejection of affirmative action programs in college admissions could tee up similar challenges to employer diversity and inclusion initiatives. After college admissions, employer efforts to increase diversity may be next under the microscope. Although the legal frameworks for diversity programs in college admissions and in the employment context are substantially different, a conservative Supreme Court may be inclined to similarly scrutinize such employer programs, if litigation in that area is stimulated by an adverse ruling against academia.
Outlook: Decisions in either case are not expected until late fall at the earliest, and likely not until 2023. It will be worth watching how the Supreme Court rules in either, as such decisions could have significant implications for large employers.
