Companies and their legal departments should brace for a surge in reverse-discrimination claims, employment attorneys say, as corporate diversity, equity and inclusion programs face heightened scrutiny in the wake of last week's U.S. Supreme Court ruling ending race-based college admissions policies.
Though the court's ruling applies only to the education sector, it likely will embolden critics of companies' increasingly aggressive programs to bolster workplace diversity. Many companies say they remain committed to those efforts and even will escalate them in an effort to avoid losing ground on DEI should the number of minorities receiving college degrees shrink.
"While this decision does not apply to private employers, it will likely have an impact on how those employers implement their voluntary affirmative action plans and DEI initiatives. Those initiatives will undoubtably continue, but private employers will likely take more care in focusing their scope and justifying their nondiscriminatory and remedial purposes," said Christopher Collins, a labor and employment partner at Sheppard Mullin.
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