Affirmative Action Reversal Is Changing IE&D at Work

Five months after the U.S. Supreme Court banned affirmative action in higher education admissions, research shows that the political rhetoric and lawsuits that ensued after the ruling are changing the landscape of inclusion, equity, and diversity (IE&D) in the workplace.
A recent survey of IE&D professionals by the Association of Corporate Citizenship Professionals showed that nearly 1 in 10 IE&D and environmental, social and governance (ESG) professionals have seen a reduction in their organization's commitment to IE&D since the court's ruling, and about 6 in 10 are talking about IE&D differently to outsiders.
Sixty-five percent of IE&D and ESG workers are concerned about the future of IE&D at their company, the survey found.
SHRM Online has collected additional news on this topic.
A Shift for Years to Come
A report by consulting firm Paradigm in San Francisco found that the percentage of companies with IE&D budgets fell by 4 percentage points since last year, while the percentage of companies with IE&D strategies has decreased by 9 percentage points.
The report noted that "2023 has undeniably shifted" the IE&D landscape "for years to come" adding that external forces, including stakeholders, are no longer pushing companies to invest in IE&D. Instead, in some cases, they are pushing back on organizational investment in these efforts.
[Paradigm]
Comprehensive IE&D Strategies May Result from Supreme Court Ruling
With the possibility of race-conscious considerations facing more legal challenges and greater legal scrutiny, private employers may adopt more comprehensive diversity strategies that address various dimensions of diversity beyond race, according to legal experts.
(SHRM Online)
The Legality of Corporate IE&D Programs
Most corporate IE&D initiatives continue to be lawful so long as they comply with the federal anti-discrimination statutes, including Title VI and Title VII of the Civil Rights Act. Companies that abandon their public commitments can be subject to Securities and Exchange Commission investigations, shareholder derivative suits, and discrimination actions.
Is Corporate IE&D Dying? Maybe Not
Many companies are cutting their IE&D efforts in light of the Supreme Court's ruling, but a recent survey of HR leaders revealed that many employers have actually invested more heavily in inclusion and diversity programs in 2023.
Conservative Group Suing Law Firms for Alleged Racial Discrimination
The American Alliance for Equal Rights, an organization dedicated to challenging distinctions made on the basis of race and ethnicity, recently sued Fearless Fund, an Atlanta firm that backs Black women entrepreneurs. The group also sued two major law firms, Morrison Foerster and Perkins Coie, for offering fellowships to diverse candidates.
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