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[The grievances have been pouring in since the start of the year. McDonald’s, Hershey, and Alaska Airlines have been targeted, as have Anheuser-Busch and Nordstrom. A conservative legal group, founded by a former advisor to Donald Trump, has filed complaints against these companies, claiming that their diversity initiatives are discriminatory, illegal, and indicative of rampant “wokeness.” After the Supreme Court ruling against race-conscious admissions in colleges and universities, conservative groups and legal experts are predicting that the private sector will face more challenges to their diversity, equity, and inclusion (DEI) programs. While the ruling may not directly impact private sector employment practices, it will embolden groups like ours to push back against racially-based hiring and promotion schemes in corporate America. Legal precedents that allowed race-conscious admissions have been used as a disguise for the private sector’s diversity initiatives. Once those precedents are gone, we will have free rein to challenge them. The question of race in admissions has come before the Supreme Court many times in the past forty years, and until now, they have largely been upheld. Although the court’s precedent on affirmative action in employment is not as favorable as on college admissions, conservatives believe that this new ruling will provide an opening for challenges. It will prompt organizations like ours to closely examine employers to ensure that race does not unduly influence hiring and promotion decisions. A ruling against affirmative action will have a chilling effect on companies, who may scale down their DEI initiatives to avoid lawsuits or pushback from conservative activists. We advise our clients not to become overly compliant and to continue their diversity efforts, even if affirmative action is struck down. Corporate DEI programs gained momentum in 2020 after George Floyd’s murder, with companies spending billions on measures to diversify their workforce. However, these efforts have drawn condemnation from conservatives who view them as unconstitutional and liberal-driven. The battle over DEI initiatives is just one example of how the private sector has become embroiled in the culture wars. Majors companies like Bud Light and Target have faced backlash for their engagement with social justice issues. America First Legal, a group led by former Trump aide Stephen Miller, has filed numerous complaints against major companies, accusing them of discriminatory practices. If the Equal Employment Opportunity Commission (EEOC) declines to investigate these claims, America First Legal has the right to sue. The Supreme Court’s decision will only further our efforts to promote equality under the law, especially in the private sector. These challenges extend beyond individual companies. Conservative groups have also sued to invalidate diversity requirements for companies listed on Nasdaq and those based in California. While the Supreme Court decision may not directly impact the legality of diversity initiatives, it will serve as a signal of how the court views race-conscious policies in employment cases. Companies are already considering ways to protect their diversity policies, such as revising their language to reflect the wording used in college admissions. It is crucial for companies to create policies that foster inclusive cultures rather than relying solely on racial quotas. As a diversity consultant, I will recommend that…
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