Hunton Employment & Labor Perspectives

Webinar: Is DEI Dead? What the Supreme Court’s Harvard/UNC Affirmative Action Decisions Mean For DEI Initiatives

The U.S. Supreme Court in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College decided that the race-based admissions programs at Harvard College and the University of North Carolina (the “Schools”) violated the Equal Protection Clause of the Fourteenth Amendment. While the Court answered the question for publicly funded schools, it is an open question whether, and how, the Court’s decision will impact affirmative action and diversity programs for private employers, as discussed in more detail below.

HuntonAK Labor and Employment partner Emily Burkhardt Vicente was honored by the Los Angeles Business Journal's 2023 Diversity, Equity + Inclusion Awards as a nominee for Diversity, Equity + Inclusion Executive of the Year.

HuntonAK Labor and Employment partner Emily Burkhardt Vicente was recognized as a 2022 Diversity & Inclusion Visionary in The Los Angeles Times’ Diversity, Equity, Inclusion & Accessibility magazine.

The Equal Employment Opportunity Commission has started to take affirmative steps to include non-binary classifications on agency forms.  In an announcement last month, individuals will be able to choose a non-binary gender markers when filling out intake and charge of discrimination forms used by workers for discrimination complaints levied against employers.  On these forms, an individual will be able choose “X” for the voluntary self-identification questions and use the prefix “Mx.”

The Office of Federal Contract Compliance Programs (“OFCCP”), an agency within the Department of Labor, has recently announced two significant changes that will impact covered contractors and subcontractors in the coming months. 

Employers remember the seminal Supreme Court decision in Bostock v. Clayton County, Ga., where the Court held that Title VII’s “because of sex” protections extend to sexual orientation and transgender status.  (See our previous blog entry.)   Now, on the one-year anniversary of that influential case, the EEOC has issued guidance to clarify whether employers can segregate bathrooms by gender or sex.  That question was conspicuously left unresolved in Bostock.