Have you wondered how to bring up the Supreme Court’s affirmative action decision at work or how to broach this subject with your colleagues and superiors?

Here are a couple of ways to start a conversation:

• Thanks for meeting with me. I’m sure you saw the Supreme Court’s decision in Students for Fair Admission. It’s now illegal for INSTITUTION NAME to use racial preferences.

• I know this issue is tough for a lot of people – and that passions run high. But the truth is, we have to uphold the court’s ruling and follow federal law. I’m concerned that we aren’t there yet.

• The court’s ruling goes beyond admissions. Racial neutrality and equal treatment under the law are now required in employment, too. A lot of laws that make this clear: CHOOSE WHAT’S APPLICABLE
  • The Equal Protection Clause of the Constitution applies to public employers.
  • Title VI of the Civil Rights Act of 1964 applies to private and public employers that receive federal funds.
  • Section 1557 of the Affordable Care Act incorporates Title VI and requires equal treatment of all races in healthcare.
  • Title VII of the Civil Rights Act of 1964 applies to all employers with 15 or more employees. 
  • Section 1981 of the Civil Rights Act of 1866 applies to all contractual relationships, including employment relationships. 

• Under these laws and the court’s ruling, INSTITUTION NAME can’t use “diversity” as justification for any racially preferential or discriminatory employment policies.

• For instance, diversity can’t be used to justify how we train future leaders; prepare employees to adapt to a diverse society; or produce new knowledge stemming from diverse outlooks. 

• It’s also illegal to use racial and ethnic stereotypes. And the court made clear that providing benefits to members of one racial group necessarily hurts others.

• Given these facts, I want to talk about PROGRAM, SCHOLARSHIP, ETC. It seems to me that it constitutes the very race-based discrimination that’s now prohibited.

• The Supreme Court’s ruling means that all race-based policies like this must have a firm end point. So my question for you is this: When do we plan to end PROGRAM, SCHOLARSHIP, ETC.?

• If we don’t have plans to end it, why not? I’d like to know the justification for ignoring the court, and more importantly, breaking federal law.

• Like I said, this issue is difficult. But the law is clear. And I want to make sure SCHOOL/INSTITUTION follows it to the letter. This is about protecting our institution, which you and I both love.

• I have heard the reports that schools are trying to come up with “workarounds” to circumvent the Court’s ruling. Those actions are in bad faith, and I know that watchdog groups are on top of keeping them in check.

These talking points are meant to serve only as a conversation starter. They are not legal advice and do no opine on the legality of any particular policy.