SCOTUS to Rule on AA in Higher Ed - July 2023 Webinar - Background Image

Supreme Court Ruling on Affirmative Action in Higher Ed: What Could This Mean for Employers? 

July 2023


For nearly six decades, affirmative action has shaped the way many American institutions have recruited talent. Whether in the context of higher education or employment, the use of affirmative action has sought to create equal opportunities for women and ethnic/racial minorities – and not without controversy. 


On June 29, the U.S. 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. While this decision was specific to higher education institutions, the implications of the decisions for employers could be significant – and experts from Berkshire and Resolution Economics joined forces to unpack it for you in this on-demand webinar.


The webinar was led by Resolution Economics’ Vicki Lipnic, former Commissioner and Acting Chair of the U.S. Equal Employment Opportunity Commission (“EEOC”). She was joined by Resolution Economics’ Margo Pave (Director, Human Capital Strategy Group), Berkshire’s Lynn Clements (Director, Audit and HR Services), and Cheryl Boyer (Director, Diversity Services). Together, these experts placed the Supreme Court rulings within the framework of existing employment law, assessed the rulings’ impact on employers’ affirmative action plans under current OFCCP and EEOC regulations, and offered perspectives about the potential impact of the rulings on DEI&A initiatives. 


This powerhouse panel discussed: 

  • Key takeaways from the SCOTUS rulings
  • How the SCOTUS rulings may impact your employment-related affirmative action efforts
  • How the OFCCP and EEOC may respond to these rulings
  • What this decision could mean for an employer’s DEI&A programs
  • And more

You won’t want to miss this informative session!  

Complete the Form Below to Watch the On-Demand Webinar!

Register Here

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About Victoria A. Lipnic 

Victoria A. Lipnic, Esq., is a Partner at Resolution Economics. She leads the Company’s Human Capital Strategy Group. The Human Capital Strategy Group combines the Company’s expertise in data analytics and deep knowledge of regulatory requirements with an interdisciplinary approach to advise organizations on the full range of their human capital needs and reporting requirements including recruitment, selection, promotions, DEI&A, pay equity, and ESG, especially as to equal employment opportunity and anti-discrimination issues.  She chaired the Technical Advisory Committee of the Institute for Workplace Equality which issued its report on “EEO and DEI&A Consideration in the Use of Artificial Intelligence in Employment Decision Making” in December 2022. 

Prior to joining the Company she served as Commissioner of the U.S. Equal Employment Opportunity Commission (“EEOC”) from 2010 to 2020 and Acting Chair from 2017 to 2019. Prior to the EEOC, she practiced law with Seyfarth Shaw. She also served as Assistant Secretary of Labor for Employment Standards from 2002-2008, appointed by President George W. Bush, where, among other regulatory enforcement agencies, she oversaw the Office of Federal Contract Compliance Programs.

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About Margo Pave

Margo Pave is Director, Human Capital Strategy Group, at Resolution Economics. The Human Capital Strategy Group combines the Company’s expertise in data analytics and deep knowledge of regulatory requirements with an interdisciplinary approach to advise organizations on the full range of their human capital needs and reporting requirements including recruitment, selection, promotions, DE&I, pay equity, and overall talent allocation.

Ms. Pave has extensive experience in employment, regulatory, and compliance matters. Prior to joining Resolution Economics in 2022, she ran an independent consulting practice that provided strategic guidance on employment and human resource policies and activities, regulatory analysis and compliance assistance, and litigation services. This included assessing and revising client policies on discrimination, harassment and other matters; advising on compliance with changing federal and state regulatory reporting requirements; and guiding client responses to employment-related disputes.

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About Lynn Clements, Esq.

As Director of Audit & HR Services for Berkshire, Lynn A. Clements oversees Berkshire’s audit defense practice. Throughout her career, Lynn has provided clients with strategic insight and practical compliance and risk management advice in hundreds of OFCCP compliance reviews.

With over 20 years of experience, including serving in high level policy positions at both the Office of Federal Contract Compliance Programs (OFCCP) and the Equal Employment Opportunity Commission (EEOC), Lynn is a regular presenter of management and employee training at all levels of organizations and has testified before Congress regarding EEO and pay equity issues. She is currently Secretary for the Baltimore Industry Liaison Group (BILG) and a faculty member of the Institute for Workplace Equality.

Cheryl Boyer - 2023 - Circle Headshot

About Cheryl Boyer

Cheryl Boyer is currently the Director of Diversity Services for Berkshire Associates. She brings over 25 years of HR experience to Berkshire’s Leadership Team, providing valuable strategic direction to the company on solving client’s business issues as they relate to Diversity, Equity and Inclusion. Under Cheryl’s direction, this service takes a quantitative look at data to evaluate a company’s DE&I related metrics and progress. Cheryl also provides consulting on EEO, Affirmative Action, and DE&I to clients seeking an expert with “real life” experiences leading HR and senior level executive in these areas. 

Prior to joining Berkshire, Cheryl was Vice President of Human Resources for LifeBridge Health, a regional health care system. During a span of over a decade, she partnered with senior leaders to drive engagement, innovation, and continuous improvement through HR processes. She was also Senior Vice President of Human Resources at Allfirst (now part of M&T Bank), where she led the strategic direction and management of the compensation, benefits, payroll, HRIS, employment, employee relations, merger integration, EEO, and AA functions. 

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About Berkshire

Berkshire, a division of Resolution Economics, LLC, is a human resources consulting and technology firm that specializes in helping companies build their ideal, balanced workforce. As an industry leader, we specialize in applicant management, compensation management, affirmative action, workforce planning, diversity, and professional training. With nearly 40 years of experience in the industry, Berkshire is among the most trusted names in the business.