What’s in a Name? Replacing ‘Affirmative Action’ with ‘Non-Discrimination in Employment Plan’
In June 2023, the Supreme Court made a landmark decision in Students for Fair Admissions, Inc. (SFFA) v. President & Fellows of Harvard College (Harvard) and SFFA v. University of North Carolina (UNC), ruling 6-3 that the admissions policies at Harvard and UNC violated the Equal Protection Clause of the 14th Amendment by considering an applicant’s race during the admissions process. While this ruling specifically addresses race in college admissions, it raises broader questions about the future of affirmative action in employment. For those of us involved in federal contract compliance, it is important to clarify that “ affirmative action” in the context of employment is fundamentally different from its use in college admissions. Contrary to some popular misconceptions, affirmative action for federal contractors does not mean quotas, set-asides, or preferential treatment for protected class members – such practices are explicitly illegal. In employment, merit-b...