US Supreme Court rules on the use of race as a factor in college admissions

The US Supreme Court held in a 6-3 decision that admissions programs at Harvard University and the University of North Carolina violated the Constitution when they used race as a factor in admissions. This decision does not change federal contractors’ and subcontractors' affirmative action obligations under Executive Order 11246 as amended, Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) as amended, and Section 503 of the Rehabilitation Act of 1973 as amended.  

Chief Justice John G. Roberts Jr. wrote the opinion for the conservative members in the majority. 

“The student must be treated based on his or her experiences as an individual — not on the basis of race,” Roberts wrote. “Many universities have for too long done just the opposite. And in doing so, they have concluded, wrongly, that the touchstone of an individual’s identity is not challenges bested, skills built, or lessons learned but the color of their skin. Our constitutional history does not tolerate that choice.” 

While this decision will have a significant impact on higher education admissions it may also have implications on other diversity, equity, and inclusion programs. 

Berkshire and Resolution Economics experts will unpack the decision and its implications at a webinar on July 12. We encourage those interested in learning more to register to hear from Resolution Economics Partner Vicki Lipnic, former Commissioner and Acting Chair of the U.S. Equal Employment Opportunity Commission (“EEOC”) and Margo Pave (Director, Human Capital Strategy Group), as well as Berkshire’s Lynn Clements (Director, Audit and HR Services), and Cheryl Boyer (Director, Diversity Services).