The Impact of Ending Affirmative Action on Workplaces

In June 2023, the Supreme Court of the United States (SCOTUS) made a significant ruling, ending affirmative action in a 6-3 decision. Affirmative action was a set of measures used by colleges and universities to address discrimination and provide underrepresented groups with equal opportunities. With the elimination of this policy, HR professionals and workplaces are left contemplating the potential implications.

While the decision directly pertains to admissions in higher education, its repercussions are likely to extend to the workplace. Jon Hyman, Shareholder and Employment & Labor Practice Chair at Wickens Herzer Panza, warns that opponents of diversity, equity, and inclusion (DEI) efforts may use this ruling to argue against the necessity of workplace programs and policies aimed at fostering a fair and diverse environment. They might question the relevance of such initiatives if systemic discrimination is deemed to be a thing of the past.

Another area of concern raised by the ruling is its potential impact on the Office of Federal Contract Compliance Programs (OFCCP), part of the Department of Labor (DOL). The OFCCP ensures that companies with government contracts adhere to anti-discrimination laws and affirmative action requirements. While the SCOTUS decision focused narrowly on race, compliance with the OFCCP encompasses various aspects such as gender, sexual orientation, religion, disability, and more.

Cornelia Gamlem, an HR Thought Leader and Co-Author, acknowledges that compliance with the OFCCP involves broader considerations than what the SCOTUS ruling specifically addressed. Regardless of the legal framework, many HR professionals are committed to pursuing diversity, equity, inclusion, and belonging goals within their organizations.

The practical business implications of creating inclusive and respectful workplaces remain relevant, as an environment where certain groups feel threatened or excluded can lead to higher turnover rates. Organizations understand that fostering a culture of respect and appreciation for differences is essential for retaining talent and ensuring overall productivity.

Gamlem emphasizes that training and sensitization initiatives play a vital role in promoting diversity and inclusion. By raising awareness and promoting respectful behaviors, employees can be better equipped to embrace diversity and contribute to a more inclusive work environment.

While the SCOTUS decision marks a significant moment in affirmative action’s history, the pursuit of diversity, equity, and inclusion in the workplace is likely to continue. HR professionals recognize the value of promoting respect and understanding among employees and will remain dedicated to fostering a diverse and inclusive workforce.