What the Supreme Court's Diversity Doctrine Means for Workplace Diversity Efforts
33 ABA Journal of Labor & Employment Law 2 (2018)
24 Pages Posted: 1 Apr 2019
Date Written: 2018
The Supreme Court’s 2003 decision in Grutter v. Bollinger, approving race-conscious college admissions plans adopted by public higher education institutions to increase student body diversity, provided many lessons for pursuing diversity in other contexts, including employment. Grutter generated many predictions about whether the Court would similarly embrace in the employment context the diversity interest it had recognized in higher education. The Court’s more recent decision in Fisher v. University of Texas at Austin offers additional guidance on the Court’s developing diversity doctrine and its likely application beyond higher education. This Article identifies the current contours of the Supreme Court’s diversity doctrine, as developed in cases from Grutter to Fisher, and predicts the Court’s likely response to a future case adjudicating the diversity interest in employment.
Keywords: employment law, employment discrimination, diversity, civil rights, labor law
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