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In June 2023, 45 years after the Supreme Court allowed universities to give limited consideration to race in their admissions processes, the Court reversed its position on the issue, effectively outlawing the practice known as affirmative action.
In a 6-2 decision written by Chief Justice John Roberts, the Supreme Court held that using race as a factor in college admissions violates the equal protection clause. The majority acknowledged that the equal protection clause protects students from discrimination based on race.
Affirmative action provides a preventative mechanism for universities, particularly publicly funded universities, to preserve the sanctity of Title VI by ensuring their admissions practices do not enable discrimination on the basis of race, color, or national origin.
Employers, labor organizations and other persons subject to title VII may take affirmative action based on an analysis which reveals facts constituting actual or potential adverse impact, if such adverse impact is likely to result from existing or contemplated practices. (b) Effects of prior discriminatory practices.
UNC can no longer consider race as a factor for candidates at any stage of admissions, Simmons said. The University also cannot utilize the admissions process to track achievement of any racial diversity goals within a program.
Nine states in the United States have banned race-based affirmative action: California (1996), Washington (1998, rescinded 2022), Florida (1999), Michigan (2006), Nebraska (2008), Arizona (2010), New Hampshire (2012), Oklahoma (2012), and Idaho (2020).
The practical effect of the court's decision is to eliminate the ability of colleges and universities to use race-based policies or affirmative action programs in the admissions process.
In June 2023, 45 years after the Supreme Court allowed universities to give limited consideration to race in their admissions processes, the Court reversed its position on the issue, effectively outlawing the practice known as affirmative action.
A job discrimination complaint may be filed by mail or in person at the nearest EEOC office. You can find the closest EEOC office by calling the EEOC at 1-800-669-4000, or by going to the EEOC's Field Office List and Jurisdiction Map and selecting the office closest to you.