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

Webinar
May 19, 2026
Scott Seaman Speaks on Making Decisions in Difficult Risk Environments

Event
May 7, 2026 - May 9, 2026
Anshuman Vaidya Presents on IRS Criminal Tax Enforcement Priorities at the ABA Tax Meeting

Webinar
Apr 29, 2026
When a Cyber Breach Hits: Cybersecurity, Privacy, and Compliance

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

Lawyers for the Profession® Alert
Apr 21, 2026
When Does a Client’s Duty to Investigate Begin? Lessons from a Time-Barred Malpractice Case

Press Release
Apr 20, 2026
Tom Kuzmanovic Selected for BizTimes Milwaukee 2026 Notable Leaders in Law

Press Release
Apr 17, 2026
André Sesler Elected to the Board of Trustees of the University of Florida Law Center Association

Hinshaw Alert
Apr 17, 2026
Q&A: How to Submit Your IEEPA Refund Claim as CAPE Portal Launches April 20, 2026





