DEI in the Workplace and on Campus Post-SFFA [2024 Third Circuit]

In SFFA, the Supreme Court held that the admissions programs of Harvard College and the University of North Carolina violated the Equal Protection Clause of the Fourteenth Amendment. The Court’s ruling elevated a colorblind reading of the Fourteenth Amendment on college campuses, and admissions policies have needed to adapt this past year. However, many questions remain about the reach of so-called diversity, equity, and inclusion (DEI) initiatives beyond college campuses and what future litigation may result. For example, will competitive K-12 schools adjust their admissions policies? What does the Supreme Court’s denial of cert in Coalition for TJ v. Fairfax County School Board mean for potential college admissions policies that may be redesigned to avoid traps set by the SFFA decision? What “race-neutral alternatives” might be proposed? Furthermore, how has this decision, if at all, affected “diversity” programs in the workplace? This panel provided a comprehensive review of SFFA and explore its consequences on campus, in workplaces, and beyond.
Feauring:
Jonathan Berry, Managing Partner, Boyden Gray PLLC
Todd Clark, Dean, Delaware Law School
andré douglas pond cummings, Dean, Widener University Commonwealth Law School
Hon. Janet Dhillon, Former Chair, U.S. Equal Employment Opportunity Commission
David Lat, Founder, Original Jurisdiction
Moderator Hon. Joshua D. Wolson, United States District Court, Eastern District of Pennsylvania
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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.