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

In The News
Oct 21, 2026
Scott Seaman Says Walmart Ruling is an "Aberration" in the Opioid Insurance Battle

Event
October 21 – 23, 2026
D.L. Morriss Presents on International Banking Litigation and AI Regulation

Press Release
Oct 20, 2026
Seasoned Litigator Joins Hinshaw's Aviation and Aerospace Team in Chicago

Consumer Crossroads: Where Financial Services and Litigation Intersect
Oct 19, 2026
Refile, Repeat: Ohio’s Savings Statute Allows for Unlimited Bites of a Time-Barred Claim

Consumer Crossroads: Where Financial Services and Litigation Intersect
Oct 16, 2026
Key Takeaways from the 2026 ACVL Conference for the Auto Finance Industry

Press Release
Oct 16, 2026
Nia Binns Re-Appointed Health and Wellness Committee Co-Chair of the BWLA

In The News
Oct 16, 2026
Jennifer Driscoll Explains How Bond Request Spurred AG Settlement in Paramount Merger

Consumer Crossroads: Where Financial Services and Litigation Intersect
Oct 15, 2026
OCC Releases Debanking Report on Largest Banks; CFPB Announces Follow-On Initiative

In The News
Oct 14, 2026
Hinshaw Attorneys Contribute Rhode Island Chapter in ABA Legal Malpractice Survey




