In June 2023, the U.S. Supreme Court issued a ruling that ended affirmative action in higher education. The Court's decision reverses decades of legal precedent, ending a longstanding practice where colleges could consider a person's race in the admissions process.
Title VII: A Primer §2000e-2. More specifically, it prohibits using race and other protected characteristics as a "motivating factor" for employment decisions, including hiring, firing, compensation, or with respect to the "terms, conditions, or privileges of employment.
Title VII Defenses Employers charged with Title VII violations have a limited number of affirmative defenses including business necessity, bona fide occupational qualification, seniority and merit systems, and after-acquired evidence of actions of the employee.
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.
The footnote carves out an exception to the landmark ruling: While nearly all colleges and universities must stop all practices of affirmative action in admissions, the nation's military academies can continue because of “potentially distinct interests,” the majority opinion states.
As of March 2015, Texas had passed three laws regarding affirmative action in employment. ing to Texas law, it is not considered discrimination for any employer, public or private, to develop personnel policies geared toward workforce diversity.
Eight steps for preparing an affirmative action plan Develop and post an EEO policy. Assign responsibility for policy implementation and review. Develop a relational org chart. Examine workforce, job group and availability. Identify problems and design an action plan. Set times for goals (not quotas) ... Take action steps.
This might involve adjusting job descriptions to be gender-neutral, offering flexible working hours to accommodate different needs, and ensuring that interview panels are diverse.
Eight steps for preparing an affirmative action plan Develop and post an EEO policy. Assign responsibility for policy implementation and review. Develop a relational org chart. Examine workforce, job group and availability. Identify problems and design an action plan. Set times for goals (not quotas) ... Take action steps.