In a groundbreaking 6-3 decision issued today, the U.S. Supreme Court held that the affirmative action admissions policies of Harvard University and the University of North Carolina violated the Constitution’s’ Equal Protection Clause and Title VI of the Civil Rights Act (which applies to entities receiving federal funding).
Both universities’ admissions review process included a numerical rating system for applicants which incorporated race as one factor. Part of the majority opinion noted: “College admissions are zerosum, and a benefit provided to some applicants but not to others necessarily advantages the former at the expense of the latter.”
While the majority opinion did not address implications of this decision for private employers under Title VII, Justice Gorsuch noted in his concurring opinion that both Title VI and Title VII (which prohibits race discrimination in the workplace) “codify a categorical rule of “individual equality, without regard to race.”
As employers continue efforts to diversify their workforce, this decision should serve as a reminder that employers cannot use an individual’s race or other protected characteristic as a factor in any hiring or employment decision.
20-1199 Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (06/29/2023)