Nonprofit Radio: Supreme Court Affirmative Action Case and Implications for Nonprofits

I recently spoke with Tony Martignetti, host of Nonprofit Radio, about this summer’s Supreme Court decision on affirmative action in college admissions and the possible implications for nonprofits and their diversity, equity, and inclusion (DEI) efforts. You can join the 13,000 weekly listeners and catch the Nonprofit Radio podcast here.

The Supreme Court’s decision this summer struck down college admissions affirmative action programs. Yet it may have repercussions for nonprofits around employment, contracts, grants, and other areas. Gene Takagi gives us his analysis. He’s our legal contributor and managing attorney at NEO, the Nonprofit and Exempt Organizations law group.

The case: Students for Fair Admissions Inc. v. President & Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North Carolina (decided June 29, 2023).

Some Talking Points

Some Key Resources

Ban on Affirmative Action: Implications, Risks, and Strategies for the Charitable Sector (Tim Cunningham, Marisa Meltebeke, Thomas C. Schroeder, Jean L. Tom, and LaVerne Woods, Davis Wright Tremaine)

Resources to prepare and respond to the Supreme Court’s affirmative action decisions (Hewlett Foundation)

What Nonprofit and Foundation Leaders Are Saying About the Supreme Court’s Affirmative-Action Ruling (Alex Daniels, Chronicle of Philanthropy)

U.S. Supreme Court Ends Affirmative Action in Higher Education: An Overview and Practical Next Steps for Employers (Sidley Austin)

Corporate DEI Policies Face Scrutiny Following SCOTUS Affirmative Action Decision (Lara A. Flath David E. Schwartz Amy Van Gelder, Skadden)

Ruling on Affirmative Action Could Affect Hiring (Isaiah Thompson, Nonprofit Quarterly)