Affirmative Action Ruling's Impact on Independent Schools

(from Venable) In late June, the U.S. Supreme Court overturned decades-long precedent in holding that Harvard University’s and the University of North Carolina’s affirmative action programs and their use of race in college admissions violate Title VI of the Civil Rights Act of 1964 (as to Harvard and UNC) and the Equal Protection Clause of the 14th Amendment (as to UNC). The Supreme Court’s decision does not have an immediate impact on most independent schools, unless they receive federal funds. However, the ruling establishes a new precedent for asserting, in other contexts, that consideration of race in the admissions process is unlawful discrimination.

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(From the New York Times) There are new concerns about diversity programs in the workplace and hiring after the Supreme Court upended affirmative action in college admissions last week. While the justices' ruling does not legally interfere with diversity in the workplace, experts say the move creates an opening for conservative groups to challenge business policies based on hiring and promoting minority employees. After the decision on Thursday, law firms encouraged companies to review their diversity policies.

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(from the Washington Post) In response to the ruling, Lawyers for Civil Rights filed a complaint with the U.S. Education Department, alleging that “legacy” admissions preferences at Harvard violate federal civil rights law because they overwhelmingly benefit White applicants and disadvantage those who are of color. Documents made public through the Supreme Court case revealed the magnitude of the “legacy” boost for Harvard applicants. About a third of legacy children are admitted, which is far higher than the non-legacy admit rate of 6%.

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