Policy Backgrounders

Affirmative Action in Education and Implications for Business

July 21, 2023

On June 29, the Supreme Court reversed more than 40 years of precedent and ruled 6-3 and 6-2 (with one recusal) against the use of affirmative action in college admissions. The two cases considered the legality of the admissions programs at Harvard College and the University of North Carolina under the Equal Protection Clause of the Fourteenth Amendment and Title VI of the Civil Rights Act of 1964.

• The two cases, Students for Fair Admissions v. Harvard College and Students for Fair Admissions v. University of North Carolina, date back to 2014 when federal lawsuits were filed against the schools. District courts had ruled that the programs were permissible by law.

• Affirmative action in higher education is currently banned in 9 states, including California where the first ban was adopted by voters in 1996. Several of these states joined an amicus brief reflecting their belief that colleges can maintain diversity while adopting race-neutral strategies.

• The Supreme Court’s decision does not directly affect business’ DEI programs. But it may have implications beyond higher education and into the workforce, where the term ‘affirmative action’ was first applied; further litigation is very likely.