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Affirmative Action Task Force

Analyzing the Impacts of the U.S. Supreme Court’s Decision to End Affirmative Action

Overview

Faegre Drinker is carefully monitoring the impacts of the U.S. Supreme Court’s decisions in Students for Fair Admissions Inc. v. President & Fellows of Harvard College and Students for Fair Admissions Inc. v. University of North Carolina, including what it means for admissions practices in higher education, as well as employment hiring decisions. We draw on a full-service platform with national education, employment, government contracts and appellate teams ready to address the array of issues our clients face as a result of the decision.

Insights

Insights

Updates August 2025

Presidential Memorandum and U.S. Department of Education Directive Require Colleges and Universities to Report Applicant Pools and Admissions Statistics by Race and Sex

IPEDS Reporting Requirements to Include Disaggregated Race and Sex Characteristics of Applicant Pools and Enrolled Cohorts
6 min read
Updates August 2025

2025 Mid-Year Government Contracts Policy and Regulatory Review

Reviewing the Widespread Impact of Significant Regulatory Changes Across Federal Agencies on Federal Procurement Policy, Contractors and Grant Recipients
22 min read
Updates August 2025

DOJ’s New DEI Guidance and Its Impacts on Colleges and Universities

DOJ Memo Details ‘Non-Binding Suggestions’ and ‘Best Practices’ That May Significantly Limit DEI Initiatives at Entities Receiving Federal Funds, Including Educational Institutions
18 min read
Updates April 2025

Executive Order Seeks to Reform Accreditation in Higher Education

Directing Secretary of Education to Hold Accrediting Agencies Accountable for Violations Including Unlawful Discrimination ‘Under the Guise’ of DEI Standards
4 min read
Updates April 2025

President Signs Seven Education-Related Executive Orders Ranging From Accreditation to Workforce Development

White House Directives Will Affect Postsecondary Accreditation, Foreign Gift & Contract Reporting, Apprenticeship Opportunities, AI Education, Support for HBCUs & More
8 min read
Updates March 2025

New Executive Order Directs Secretary of Education to Facilitate the Department’s Closure

Congressional Action Would Be Required to End Department’s Statutorily Mandated Functions
8 min read
Updates March 2025

Mass Layoffs at the U.S. Department of Education: Impacts on Higher Education

Institutions May Experience Substantial Delays in Federal Student Aid Matters
8 min read
Updates February 2025

U.S. Department of Education Issues ‘Dear Colleague’ Letter That Reflects an Expansion of Title VI Under Students for Fair Admissions to Limit All Forms of Diversity, Equity and Inclusion Activities

Guidance From ED’s Office for Civil Rights Significantly Expands the Scope of the Students for Fair Admissions Ruling Beyond Admissions and May Affect Continued Receipt of Federal Funds
8 min read
Updates February 2025

Impact of Recent Executive Orders Regarding DEI and Affirmative Action in Higher Education

Executive Order Aims to End DEI at Higher Education Institutions and Enforce Greater Compliance With Students for Fair Admissions Ruling
6 min read
Updates January 2025

President Trump Revokes Executive Order 11246

Ending Federal Contractors’ Race and Gender Affirmative-Action Obligations
3 min read
Updates November 2024

Supply and Service Contractors and Subcontractors Should Immediately Review the OFCCP’s Pre-audit Corporate Scheduling Announcement List, Released on November 20, 2024

5 min read
Updates June 2024

Eleventh Circuit’s Fearless Fund Ruling and Its Potential Effect on the Use of Race-Conscious Criteria in Grantmaking

9 min read
Updates June 2024

Supply and Service Contractors and Subcontractors Should Immediately Review the OFCCP’s First 2024 Pre-audit Corporate Scheduling Announcement List

4 min read
May 2024

Anti-DEI Updates: State Legislation and Honeyfund v. DeSantis

5 min read
Updates April 2024

Key U.S. District Court Ruling: Plaintiff’s Challenge to DEI Program Under Section 1981 Fails When She Lacked Standing Because She Did Not Apply

5 min read
Updates January 2024

Fourth Quarter 2023 Government Contracts Policy and Regulatory Review

13 min read
Updates January 2024

U.S. Department of Education Publishes Guidance on Permissible Strategies to Increase Diversity and Opportunity in Higher Education

7 min read
Updates November 2023

Third Quarter 2023 Government Contracts Policy and Regulatory Review

8 min read
Updates October 2023

A Tale of Two Cases – DEI Programs Under Scrutiny

8 min read
Media Mentions October 2023

Lynne Anderson Comments on Employer DEI Programs and Audits With Law360

2 min read
Media Mentions September 2023

Lynne Anderson Addresses Potential for Stalled EEOC Investigations and Mediations With Law360

2 min read
Updates September 2023

Update on Post-SFFA Challenges to DEI Initiatives: Law Firm Fellowship Programs in the Crosshairs

17 min read
Updates September 2023

The Impact of the Supreme Court’s Harvard/UNC Decision on the Nonprofit Sector

5 min read
Published Articles August 2023

Students for Fair Admissions: Why It Matters and What’s Next

1 min read
Media Mentions August 2023

Lynne Anderson Discusses DEI Hiring Policies With P&C Specialist

1 min read
Updates August 2023

Complying with Students for Fair Admissions: Initial Responses by Institutions and Agencies

10 min read
Updates August 2023

Complying with Students for Fair Admissions: U.S. Departments of Education and Justice Issue Joint Guidance for Institutions

7 min read
Updates August 2023

Life After Students for Fair Admissions: Dissecting Challenges to Employers’ Diversity Programs

7 min read
Updates July 2023

Next Stage Considerations About the Supreme Court’s Affirmative Action Decision: How to Put the Warning Letter from the State Attorneys General in Context

3 min read
Updates July 2023

U.S. Supreme Court Invalidates Race-Conscious Admissions: Key Considerations for Postsecondary Institutions, Employers and Others

20 min read
Updates July 2023

State & Local Employment Law Developments: Q2 2023

12 min read
Updates June 2023

State Legislatures Targeting DEI in Higher Education

9 min read
Updates June 2023

Supreme Court Decides Students for Fair Admissions, Inc. v. President and Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North Carolina et al.

4 min read

Events

Event Recap

Event Recap October 23, 2024 CLE

2024 Construction Law Summit

A National Gathering of Industry Professionals
2 min read
Speaking Engagement Recap October 09, 2024

The Changing Landscape for DEI and Accreditation - Atlanta, GA

2024 ASAHP Annual Conference
1 min read
Speaking Engagement Recap October 02, 2024

State of Illinois Treasurer’s Office 2024 Diversity in Investments Forum - Chicago, IL

1 min read
Recorded Webinar August 01, 2024 CLE

SFFA v. UNC/Harvard: Taking Stock One Year Later - Webinar

Session Three: Updates on the Legal Landscape — Contractors & Grantmaking
2 min read
Recorded Webinar July 17, 2024 CLE

SFFA v. UNC/Harvard: Taking Stock One Year Later - Webinar

Session 2: Updates on the Legal Landscape — Education
2 min read
Recorded Webinar June 25, 2024 CLE

SFFA v. UNC/Harvard: Taking Stock One Year Later - Webinar

Session 1: Updates on the Legal Landscape — Labor & Employment
1 min read