Tag: Civil Rights Act of 1964

Case Study: Examining DEI One Year After SFFA v. Harvard/UNC

In a momentous decision overturning decades of precedents, the U.S. Supreme Court ruled in SFFA v. Harvard/UNC last year that the use of race in college admissions violated Title VI of the Civil Rights Act of 1964 (Harvard) and the Equal Protection Clause of the Fourteenth Amendment (UNC). While the decision was focused on higher […]

EEOC Offers Employers a Hobson’s Choice on Employee Training

Training. Training, training, training. We all appreciate the practical importance of training. It can certainly help eliminate pesky and undesirable workplace issues. Heck, it can even help create a desirable workplace for employees. Set aside the practical benefits of training—e.g., relaying fairly obvious no-nos to a room typically containing persons inexplicably unaware of obvious no-nos—and […]

How Much Harm Is Enough? Transfer Supports Title VII Discrimination Claim

In a recent U.S. Supreme Court decision, there was no question that the complaining employee was moved out of her position because of her gender, but she suffered no loss of pay or rank. So the Court had to determine whether she was still able to maintain an employment discrimination claim under Title VII of […]

Should Diversity, Equity and Inclusion Policies Vanish After Landmark Supreme Court Ruling?

Last June, the United States Supreme Court held in Students for Fair Admissions, Inc. v. President & Fellows of Harvard Coll that affirmative action policies at universities violate the Constitution’s Equal Protection Clause and Title VI of the Civil Rights Act of 1964. While the ruling does not apply to employers overall, the rationale and […]

How Using a Justice Lens Can Make Your HR Practices More Equitable

As we make strides toward openly discussing race in the workplace, we must also remember that until the passage of the Civil Rights Act of 1964, it was still legal to include “blacks need not apply” in job ads. Once outlawed, explicit discrimination in hiring morphed into implicit barriers, taking on the form of coded […]