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Stricter Scrutiny: A Key Takeaway from the SCOTUS Decision on Race-Conscious College Decisions

Updated: Feb 2

After listening to a random sample of DEI podcasts during a long drive over the weekend, I felt compelled to write a post about what the SCOTUS decision did and did not implicate for private employers. Since the High Court's decision this past summer, I've posted (and spoken) in multiple forums about the confusion that has circulated about the future of DEI. I'd been hopeful that "experts" on the subject matter would offer something substantive for reliable guidance to those sincere about continuing their efforts to advance diversity, equity and inclusion in the workplace. Instead, what I heard on those podcasts was mostly an avoidance in answering the question about the impact of the SCOTUS decision. In some instances, I questioned if the individuals serving as experts had even taken the opportunity to read the Court's opinion. However, in affording grace to those brave enough to speak on a high-profile and controversial topic such as DEI, I empathized with the experts about their apparent apprehension to take a firm position on an evolving legal issue. Yet, after having read the Court's opinion, as well as the concurring and dissenting opinions, and then re-reading portions of each multiple times, I believe there is a simple response about the implications of the Court's decision on the future of DEI. Simply put, DEI is under stricter scrutiny. DEI is not dead.


In addition to strict scrutiny, there are a few key takeaways to think about following the Court's decision in the college admissions cases. Here are 7 implications from the SCOTUS decision on race-conscious decisions in college admissions (including strict scrutiny):


For more information or to continue the discussion about the future of DEI, feel free to reach out to us at info@tulipadvisory.com. To learn more about TULIP Advisory Professionals LLC, visit our website at www.tulipadvisory.com. At TULIP, our service model seeks to advance commercial excellence by putting a lens on people, process, policy and performance risks and co-creating solutions to safeguard business outcomes. Our team is comprised of employment lawyers, certified HR professionals, finance professionals, DEI experts, workplace investigators, former adjunct law and college professors, training professionals, and management consultants with ‘big firm’ experience. Let's work together to deliver on your organization's mission and values.



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