再看看supreme court的判決影響

來源: 於 2025-05-03 11:40:11 [舊帖] [給我悄悄話] 本文已被閱讀：次

2023 Supreme Court Ruling: Students for Fair Admissions v. Harvard/UNC

This ruling specifically addressed:

  • College admissions policies

  • At public universities (government-run) and private universities that receive federal funds (which is nearly all of them)

The Court ruled that race-conscious admissions practices violate the Equal Protection Clause (for public schools) and Title VI of the Civil Rights Act (for private schools).
So yes, it banned the use of race as a factor in college admissions.

What About Hiring and Workplace DEI?

That decision does not directly apply to private sector or government hiring and employment practices — but it absolutely has influence, and here's why:

Employment law is governed primarily by:

  • Title VII of the Civil Rights Act of 1964, which bans discrimination based on race, color, religion, sex, or national origin.

  • Equal Protection Clause of the 14th Amendment (for public employers only).

‍? Under these laws:

  • Employers cannot make employment decisions (hiring, firing, promotions) based primarily on race or gender, even for diversity reasons.

  • Quotas are illegal.

  • Preferences based on identity can only be used in very narrow circumstances (e.g. to remedy proven past discrimination, and even then under strict scrutiny).

Why the Ruling Still Matters for Employers

Even though the 2023 ruling focused on education, it's already having a ripple effect:

  • Lawsuits are being filed against law firms, corporations, and government agencies over DEI programs, internships, or hiring practices seen as racially exclusive.

  • Some companies are scaling back race-based initiatives, shifting focus from identity to “economic disadvantage” or “merit with context.”

  • Federal courts are becoming more skeptical of any program that treats race or gender as a direct factor.

Bottom Line

  • The ruling does not outright ban DEI in hiring, but:

  • ? It reinforces that any race- or gender-conscious employment policy is legally vulnerable.

  • Employers must ensure their DEI programs comply with Title VII and do not involve quotas or race-based preferences.