The recent Supreme Court decision in STUDENTS FOR FAIR ADMISSIONS, INC. v. PRESIDENT AND FELLOWS OF HARVARD COLLEGE outlawed affirmative action at U.S. universities.
On September 21st, 2023, the Wharton Coalition for Equity and Opportunity convened an Equity and Opportunity Insight Conversation for Wharton faculty and staff, CEO affiliates in the broader Penn community, and civil rights law experts to discuss implications of the recent United States Supreme Court decision in STUDENTS FOR FAIR ADMISSIONS, INC. v. PRESIDENT AND FELLOWS OF HARVARD COLLEGE. The decision delivered the most decisive blow to affirmative action policy since its inception in the 1960s, which may undo decades of diversity, equity, and inclusion (DEI) work at universities nationwide. A central focus of the discussion touched on the recent anti-DEI efforts to halt or impede corporate DEI initiatives that have accelerated after the ruling. The conservative activist behind the scenes at Students for Fair Admissions, Edward Blum, and his allies seem intent on making the corporate DEI space one of their next battlegrounds. However, attendees like civil rights attorney Debo Adegbile and Wharton Assistant Professor and constitutional rights scholar Amanda Shanor, agree that Title VII (federal anti-discrimination employment law) and §1981 (federal anti-discrimination contracting law) are unaffected by the SFFA v. Harvard ruling and that corporations should assess but not abandon their opportunity expanding efforts. Corporations and private employers should feel confident in pursuing and furthering their DEI efforts — and should do so with the knowledge that well-tailored efforts remain legal