Since the U.S. Supreme Court invalidated the race-conscious admissions policies used by Harvard University and the University of North Carolina (UNC), critics of affirmative action and corporate Diversity, Equity, and Inclusion (DEI) programs have claimed that the ruling supports legal challenges to corporate employment policies and programs. The Court’s ruling was limited to the higher education context, but the Justices stated that when an institution that receives federal funds violates the Equal Protection Clause, it also violates Title VI of the Civil Rights Act of 1964. Title VI prohibits discrimination on the basis of race, color, or national origin under any program that receives federal financial assistance. Title VI explicitly allows employment discrimination claims only in instances where the primary objective of federal financial assistance is to provide employment. The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has prepared a primer to explain how to figure out whether Title VI applies to an organization, the obligations of covered employers under Title VI, how Title VI is enforced, and strategies for limiting liability under Title VI.
CWC members can read more here.