Federal and State Enforcement Perspectives on SFFA and DEI Programs

Nearly one year ago, in Students for Fair Admissions, Inc. v. President & Fellows of Harvard Coll., 600 U.S. 181 (2023), the U.S. Supreme Court held that race-conscious college admissions programs violated the Equal Protection Clause of the 14th Amendment, as well as Title VI of the Civil Rights Act of 1964. Although some judges, officials, and litigants argue that Students for Fair Admissions has no bearing on the world of employment law, others assert that the decision confirms and reinforces the illegality of many common workplace Diversity, Equity, and Inclusion initiatives and policies. Many questions remain regarding how federal and state agencies will incorporate the principles of SFFA into enforcement actions.

Our panelists will address the implications of Students for Fair Admissions on private employers' DEI programs, as well as the key arguments advanced on either side of this developing area of law. Sharon Gustafson is the immediate past General Counsel of the U.S. Equal Employment Opportunity Commission (EEOC). Paul Watkins supervised civil rights investigations and enforcement for the State of Arizona as the former Civil Division Enforcement Chief in the Attorney General’s Office. Sarah Pineau is an experienced employment attorney who has counseled a wide range of private entities on state and federal employment issues.

Featuring:

Sarah Pineau, Of Counsel, Fusion Law, PLLC

Paul Watkins, Managing Partner, Fusion Law, PLLC

Moderator: Sharon Gustafson, Principal, Sharon Fast Gustafson, Attorney at Law, PLC; Former General Counsel, U.S. Equal Employment Opportunity Commission (EEOC)

*******

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