The Supreme Court’s ruling on Thursday that effectively ends affirmative action in higher education raises questions about the future of employer-run initiatives and programs that consider race — which exist extensively across the United States.
Though the opinion focuses on higher education, some legal experts say it could lead to changes in commonplace workplace initiatives like diversity, equity and inclusion (DEI) programs and environmental, social and governance commitments.
“I already think that there are going to be some real repercussions,” said Alvin Tillery, a political science professor at Northwestern University, who runs a consulting firm that works with organizations and companies, including Google and Abbott, on DEI-related programs.
Tillery says he expects the mainly conservative groups that backed Students for Fair Admissions’ lawsuit — which was the subject of the Supreme Court’s ruling — to shift their focus in part onto race-conscious programs in the workplace.
“I think that that is likely already happening, and so businesses will have to be prepared for that,” he said.
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