Supreme Court Ruling Spells BIG Trouble For Corporate America's DEI Programs

In a 6-3 decision, the Court declared that colleges and universities cannot consider race in their admissions process, effectively ending affirmative action and overturning previous legal precedent.

This decision has sparked a debate about its potential impact on other sectors, including the hiring and promotion practices of companies and corporations. Experts warn that corporations could now be held liable for their DEI programs and policies, which some argue prioritize race in staffing decisions and may violate the Civil Rights Act.

Will Hild, executive director of Consumers' Research, believes that this ruling exposes companies that engage in racially based hiring and promotion schemes as violating the Civil Rights Act. He states, "That fig leaf has now gone. There's no question that affirmative action, racially based hiring and promotion schemes violate the Civil Rights Act." Hild predicts that many companies will review their DEI departments and may even eliminate them, as the philosophy behind these programs contradicts the law.

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Hild points out that while most affirmative action legal precedent has focused on higher education, corporations have relied on that jurisprudence to justify certain DEI practices. He believes that this ruling will embolden groups advocating for the removal of "wokeism" from corporate America. Hild states, "This is going to put wind in the sails of groups like mine and others who are focused on getting the wokeism out of corporate America. They no longer even have this fig leaf of this pre-Harvard case jurisprudence."

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Hild also warns that companies that engaged in racially based hiring and promotion schemes during 2020-2022 could now face litigation. He argues that even if companies were engaging in such practices quietly, they are playing with fire. Any evidence of discrimination, even if not explicitly stated in job applications, could lead to legal consequences. Hild emphasizes, "It's just flat-out illegal now."

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Gene Hamilton, general counsel for America First Legal, believes that the Supreme Court's decision sends a clear message to corporations. He advises major corporations, law schools, and medical schools to abandon racial preferences and quotas, as the Court has shown little tolerance for such programs. Hamilton warns employers to tread carefully in this space, as there is significant liability involved.

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Justice Clarence Thomas, in his opinion on the case, criticized universities' admissions policies as "rudderless, race-based preferences." He argued that individuals should not be defined by their race and that personal choices, not barriers or skin color, determine their success. Thomas stated, "A contrary, myopic world view based on individuals' skin color to the total exclusion of their personal choices is nothing short of racial determinism."

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The Supreme Court's ruling against affirmative action in higher education has raised concerns about the future of DEI programs in corporate America. Experts warn that companies may face legal consequences for racially based hiring and promotion schemes. While the decision has been celebrated by those seeking to remove "wokeism" from corporate America, it has also sparked a broader debate about the role of race in society and the pursuit of diversity and inclusion.