What’s happening with diversity initiatives after the Supreme Court’s ruling on affirmative action?
As someone who’s been in the diversity consulting space for years, I’ve seen firsthand how companies are trying to figure out what this all means for them.
What Actually Changed?
Last year, the Supreme Court ruled against race-based college admissions at Harvard and UNC. And while this was specifically about higher education, it sent shockwaves through the business world, too.
This ruling didn’t wipe out all DEI efforts. Title VII of the Civil Rights Act is still very much in effect. Federal contractors still have affirmative action obligations. The Equal Protection Clause still matters.
What has changed, though, is the level of scrutiny. We’re seeing Republican state attorneys general sending letters to major companies questioning their diversity programs. Legal challenges are popping up against specific initiatives. It’s getting complicated.
What This Means for Your Small Business
If you’re running a small business, you might be thinking, “Should I just drop all this DEI stuff? Is it too risky now?”
Hold up! That’s definitely not the answer. What you need is a smarter approach to building diversity. Here’s how.
Focus on Equal Opportunity, Not Quotas
Despite what you might see folks claiming on social media, affirmative action was never really about strict quotas. It was about creating equal opportunities for underrepresented groups.
Instead of setting specific targets based on race, think about removing barriers in your hiring process. Train your managers to recognize their unconscious biases.
Look at where your job postings appear. Are they reaching diverse candidates?
These approaches aren’t about giving preferential treatment. They’re about making sure everyone gets a fair shot.
Take a Fresh Look at Your DEI Programs
Now’s a good time to review what you’re doing with some legal experts. Ask yourself:
- Does any program exclude people based on protected characteristics?
- Are your training programs focused on building inclusion rather than singling out specific groups?
- Do your employee resource groups welcome allies from all backgrounds?
You don’t need to tear everything down—just make sure what you’ve built can withstand legal scrutiny while still advancing inclusion.
Broaden Your Definition of Diversity
Remember, diversity isn’t just about race. It’s about
- gender identity,
- sexual orientation,
- age,
- disability status,
- veteran status, and
- all kinds of life experiences.
By widening your perspective on what makes a team diverse, you not only reduce legal risk but also bring in genuinely different viewpoints that drive innovation.
Consider Socioeconomic Approaches
Many schools are looking at socioeconomic factors as an alternative to race-conscious admissions. For your business, this might mean:
- Recruiting from schools in economically disadvantaged areas
- Creating internships for first-generation professionals
- Building partnerships with community colleges
Document Your Decisions
With all these legal challenges flying around, good documentation is your friend. When making hiring decisions, clearly record the non-discriminatory factors that influenced your choice.
This isn’t just CYA. It’s about ensuring actual fairness in your processes.
Special Notes for Federal Contractors
If you have federal contracts, you still have specific affirmative action obligations that the Supreme Court didn’t touch. The Department of Labor is still enforcing these requirements.
As a federal contractor, you still need to:
- Analyze your workforce for underrepresentation
- Establish goals (not quotas!) for addressing imbalances
- Take action where discriminatory practices are identified
President Trump’s administration changed some of these requirements, and they may continue to evolve. Stay in touch with your legal team to keep up.
Your Location Matters
State laws vary a lot in how they approach DEI. New York and Delaware have strong protections for underrepresented groups, while states like North Dakota have limited diversity initiatives.
Delaware’s Attorney General, Kathy Jennings, has been vocal about protecting diversity efforts, while others have taken anti-DEI positions. Know what’s happening in your specific state.
The Business Case Is Still Strong
Let’s not forget why we care about diversity in the first place.
Diverse leadership teams make better decisions. Inclusive workplaces attract better talent. Different perspectives drive innovation.
Many of America’s most successful companies are still advancing their DEI initiatives because they drive business results—not just because they’re the right thing to do (though they are!).
Moving Forward with Confidence
The question isn’t whether to abandon DEI efforts. It’s how to evolve them thoughtfully in response to new realities.
SEC regulations now require many public companies to disclose diversity metrics. Consumer expectations around inclusion keep rising. The workforce itself is increasingly diverse. These facts aren’t changing, regardless of legal shifts.
What we need isn’t panic or retreat but strategic advancement. By focusing on creating genuine equal opportunities rather than numerical outcomes, you can build a diversity approach that holds up legally while delivering real business benefits.
Remember that diversifying your workplace was never meant to be about checking boxes. It was, and still is, about building organizations where talented people from all backgrounds can thrive. That mission continues, even as our methods evolve.
Transform Your DEI Approach
As a renowned “DEI Disruptor” with 22 years of leadership experience in change management, Randi B. brings a unique approach to diversity work that’s both legally sound and powerfully effective.
A proud Black woman who lives her truth openly and candidly, Randi understands that real progress demands honest conversations.
- Proven Expertise: Randi has successfully guided Fortune 500 companies and government clients across 7 countries and 41 states through meaningful DEI transformations.
- Innovative Tools: Through her Amazon Prime Video show Truthing, with a book and cards of the same name, she’s created practical resources that spark genuine dialogue about race, privilege, biases, and sexuality.
- Executive-Level Understanding: Randi knows that successful DEI initiatives require manifest commitment from leadership—both in reporting structures and resource allocation.
Organizations must create environments where all individuals truly belong.
Don’t navigate these complex waters alone. Click here to book a consultation with Randi B. to develop a DEI strategy that’s legally resilient, authentically inclusive, and aligned with your business goals
