DEIA Initiatives in the Workplace Post-SFFA

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In June, the Supreme Court held that consideration of applicants’ race in admissions decisions of Harvard and the University of North Carolina violated both the Equal Protection Clause of the Constitution and Title VI of the 1964 Civil Rights Act. Join us as two EEOC Commissioners, Democrat Vice Chair Jocelyn Samuels and Republican Commissioner Andrea Lucas, discuss their respective views on how this decision, the federal law banning employment discrimination (Title VII of the 1964 Civil Rights Act), and EEOC regulations apply to employers’ DEI programs and initiatives. The Commissioners also will discuss their views on related topics such as the benefits and risks related to various categories of DEI programs; how employers should assess the lawfulness of their initiatives; and promising practices and guardrails for employers.



  • Jocelyn Samuels, Vice Chair, Equal Employment Opportunity Commission
  • Andrea Lucas, Commissioner, Equal Employment Opportunity Commission
  • Moderator: Kate Comerford Todd, Partner, Ellis George Cipollone


As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.