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Three Takeaways From The High Court's Affirmative Action Ruling


The article, “Three Takeaways From The High Court's Affirmative Action Ruling,” featured in SHRM, reported on the U.S. Supreme Court’s recent ruling in which they upheld the University of Texas' limited use of race as one of the factors in its admissions process, a ruling legal experts say leaves employers free to make use of various tactics to increase workplace diversity.

Scott Schneider weighed in on the ruling.

He said the ruling that the high court ultimately issued was "a modest decision" that is "really limited to higher education, admissions to higher education, and to the unique facts that underline UT's admission policy."

"It's a stretch to apply the ruling to anything outside of that very particular context," Scott said.

Scott said he initially believed the court may use the case to issue a real broadside against any sort of racial preference, but that he is now hard-pressed to understand why the high court took the case on for a second time.

"It's such a modest decision that it's not going to carry over into other areas," he said.

Although the ruling technically only applies to public universities since they are governed by the 14th Amendment, Scott said it "will trickle down to private universities" since they often look to affirmative action jurisprudence as a guidepost for creating and evaluating policies.

To read the full article, please visit Law360.


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