Andrew Gordon Discusses Potential Impact of Supreme Court Affirmative Action Cases on Company DEI Programs
In The News | 1 min read
Dec 1, 2022
Hinshaw partner Andrew Gordon discussed in SHRM Magazine how two higher education affirmative action cases being considered by the U.S. Supreme Court could impact company diversity, equity, and inclusion (DEI) programs. Gordon said that the rulings are likely to create a "ripple effect far beyond the classroom."
Gordon noted that while the two cases filed against Harvard University and the University of North Carolina are being analyzed under Title VI of the 1964 Civil Right Act, rather than Title VII, rulings in education cases can also have implications on workplace issues. "[H]istorically, courts have looked at rulings in Title VI affirmative action cases and imputed those rulings, to a certain degree, on Title VII cases, which is why employers should pay close attention to the Supreme Court's rulings in these decisions," Gordon said.
Gordon also noted that businesses should anticipate that changes to company DEI policies and programs might be necessary to ensure that they are not interpreted as imposing quotas based on race or other non-mutable characteristics. "If existing policies or programs could be interpreted as imposing such impermissible quotas, employers should then seek to revamp those policies or programs in ways that still advance workplace diversity without operating as a per se quota," Gordon said.
"SCOTUS Reconsidering Affirmative Action—Are DE&I Programs Next?" was published on November 21, 2022.
Featured Insights

Event
Apr 23, 2026
Driving Ahead: Insights from Industry Leaders Auto Finance Seminar

Consumer Crossroads: Where Financial Services and Litigation Intersect
Mar 13, 2026
DOJ Settlement with Car Retailer Highlights SCRA Repossession Risks

Privacy, Cyber & AI Decoded Alert
Mar 11, 2026
Compliance Considerations for GDPR Consent in Biotech Clinical Research

Press Release
Mar 4, 2026
Marcia Mueller Named the 2026 Mentorship Award Winner by YWCA Northwestern Illinois

Press Release
Mar 3, 2026
Hinshaw Announces New Administrative Leadership Appointments

In The News
Feb 27, 2026
Hinshaw Partners Examine Implications for Nursing Homes of New Illinois Aid-in-Dying Law

In The News
Feb 24, 2026
Lucy Wang Authors Law360 “Expert Analysis” on Why Attorney Civility Means More in 2026

Press Release
Feb 13, 2026
Hinshaw Team Wins Appeal in Criminal Indictment of Waukegan City Clerk Janet Kilkelly

Press Release
Feb 10, 2026
Hinshaw Trial Team Secures $0 Defense Verdict in $15 Million Auto Accident Trial

Press Release
Feb 5, 2026
Hinshaw Legal Team Secures Directed Verdict in Florida Equine Fraud Case

Press Release
Feb 4, 2026
Hinshaw Celebrates 17 Consecutive Years of Being Named an Equality 100 Award Winner

![[Video] New Regulatory Priorities Under Mayor Mamdani’s NYC Department of Consumer and Worker Protection](/a/web/oHiTWa7kRy3Ht1brq6k4BT/bkMx39/new-york-city-skyline.jpg)
