Affirmative Action

Overview

In 1978, the Supreme Court of the United States established the constitutionality of affirmative action programs in higher education institutions. Since then, colleges and universities across the country have found themselves in the midst of many legal battles over the use of affirmative action programs and practices in student admissions. On June 29, 2023, in an opinion authored by Chief Justice Roberts, a 6-3 majority of the U.S. Supreme Court struck down Harvard College and the University of North Carolina’s race-conscious admissions process, finding that both programs failed to meet the requirements of strict scrutiny. See, Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, 600 U.S. ____ (2023).

Our affirmative action team, comprised of attorneys, paralegals, consultants, and higher education specialists, believes proactivity in this arena is key. Our team can help your institution proactively re-design your affirmative action programs to comply with the immediate implications of the Supreme Court decisions and prepare for continued evolution of the affirmative action legal landscape.

Whatever the state of your existing affirmative action programs, our multifaceted team can help assess your obligations, identify potential gaps and risks in your current policies and practices, redesign your programs, and train employees on new legal standards