What the Supreme Court's Diversity Doctrine Means for Workplace Diversity Efforts

33 ABA Journal of Labor & Employment Law 2 (2018)

Rutgers Law School Research Paper

24 Pages Posted: 1 Apr 2019

Date Written: 2018

Abstract

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

Suggested Citation

Hawkins, Stacy, What the Supreme Court's Diversity Doctrine Means for Workplace Diversity Efforts (2018). 33 ABA Journal of Labor & Employment Law 2 (2018), Rutgers Law School Research Paper, Available at SSRN: https://ssrn.com/abstract=3349155

Stacy Hawkins (Contact Author)

Rutgers Law School ( email )

217 N. Fifth Street
Camden, NJ 08102
United States

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