by Jyotin Hamid, Simone S. Hicks, Mary Beth Hogan, Arian M. June, Tricia Bozyk Sherno, Rachel Tennell, and Katelyn Masket
Top row from left to right: Jyotin Hamid, Simone S. Hicks, Mary Beth Hogan, and Arian M. June.
Bottom row from left to right: Tricia Bozyk Sherno, Rachel Tennell, and Katelyn Masket.
(Photos courtesy of Debevoise & Plimpton LLP)
The Supreme Court of the United States is expected to issue a widely anticipated decision next month concerning the permissibility of race-conscious affirmative action in higher education in the Harvard College and University of North Carolina cases.[1] Although these cases arise in the context of education, not employment, and do not formally concern laws governing private-sector employment, we expect that the decision may have far-reaching implications for how courts, lawmakers, employers, and employees address efforts to promote diversity in private-sector workplaces. In particular, the decision may have an impact on how employers navigate the line between permissible efforts to promote workplace diversity and avoiding so-called “reverse discrimination” lawsuits brought by employees who may claim that they are disadvantaged by such efforts.