Affirmative Action Struck Down: How Are DEI Leaders Responding?

Key takeaways:

• DEI leaders are adjusting their strategies in response to the Supreme Court’s ruling on race-based admissions and affirmative action, with many placing a greater emphasis on inclusion and equity – with the belief that it will naturally lead to increased diversity.
• Executive engagement and collaboration are crucial for intentional DEI efforts. Regular updates and communication help keep executives engaged and committed to advancing equity within an organization.
• Conducting risk assessments and audits of existing DEI practices is essential to make necessary changes in processes and policies, mitigating any potential backlash from the ruling.

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The Supreme Court’s decision to strike down race-based admissions and affirmative action policies has sent ripples through the landscape of higher education and beyond. This landmark ruling has sparked critical conversations about the future of diversity initiatives and the role of diversity, equity, and inclusion (DEI) leaders in navigating these uncharted waters.

With many business leaders preparing for all the outcomes of the ruling, we explore how DEI leaders are responding, adapting, and redefining their strategies to uphold the principles of inclusivity, fairness, and equal opportunities.

Many DEI Leaders Are Shifting Their Focus to Inclusion and Equity in Response to the Ruling on Affirmative Action

Although the current decision focuses on academia, many DEI leaders believe that corporate America will see similar legislation.

DEI Board members recently joined in a private leadership discussion in our community on how they’re responding to the decision and shared their next steps in adjusting their strategies.

Members noted that the Supreme Court’s decision against affirmative action has prompted some companies to consider shifting their focus to inclusion and equity and away from diversity. Several members said they also believe that by creating a more equitable and fair work environment, diversity will naturally follow.

But some DEI leaders announced the ruling will not affect their strategies. The New York Times reported how Salesforce Executive Vice President and Chief Equality Officer Lori Castillo Martinez plans to work across their enterprise to ensure their goals are met.

“Salesforce’s commitment to equality doesn’t waver, and we will continue to work toward our representation goals, regardless of today’s ruling,” Lori tweeted.

Many of our DEI Board members also reaffirmed their commitment to DEI and refused to back down, while taking measures to try to protect themselves legally.

Executive Engagement and Collaboration Are Critical for Intentional Efforts and Fighting for Diversity

During the private leadership discussion, DEI Board members debated how to intentionally and actively fight for diversity.

Some expressed that the work of promoting diversity, equity, and inclusion cannot be achieved passively or by simply changing names or reprioritizing. It requires deliberate effort, leadership commitment, and an intention to challenge the status quo — a recurring theme DEI Board members said is necessary for advancing goals.

In an interview with Board.org last year on key steps for enterprise DEI goals, Avantor Vice President of Diversity, Equity, and Inclusion Noël France explained how DEI leaders can keep executives engaged in the effort to advance equality.

“The ways to get them engaged are regular updates,” Noël said. “Finding ways to just update them in terms of here’s what’s happening and here’s what I need from you.”

She added how it helps to leverage senior leaders who actively participate more in DEI initiatives as this pushes others to be more involved.

Iesha Berry, Chief Diversity and Engagement Officer and Head of People Experience at DocuSign, recently discussed the importance of keeping true to corporate DEI goals, even with the ruling causing some concerns.

In a Wall Street Journal article, she added, “Diversity is not a stand-alone, and it’s not something that is, unfortunately, seen as the flavor of the day, but critically important to the business and the business success.”

Conduct Risk Assessments and Audits to Prevent Any Backlash from the Affirmative Action Ruling

DEI Board members also shared how it’s important to conduct audits and risk assessments of existing DEI practices in response to the ruling to avoid any potential backlash.

During the members-only discussion, they shared how this comprehensive assessment helps identify areas of potential risk and informs necessary changes in processes and policies.

In a recent DEI Board panel discussion on building sustainable DEI practices, members gave more insights into how senior leaders can audit their practices to advance their efforts.

Trimble Vice President of Talent, Diversity, Equity, and Inclusion Melissa Uribes highlighted the importance of being intentional in the design and evaluation of talent experiences and programs to foster inclusivity.

Monique Ozanne, Director of Diversity and Inclusion for North America at Beam Suntory, underlined the need to navigate the balance between advancing DEI goals and complying with legal and regulatory requirements for collecting people-related data.

How Are DEI Leaders Upholding Their Commitments While Navigating Uncertain Challenges Ahead?

While the Supreme Court’s ruling has created uncertain challenges ahead for DEI leaders, there are multiple initiatives you can implement to ensure your company achieves its goals and upholds the promises made in recent years.

DEI Board members shared more insights into how they’re responding and adjusting their strategies in our confidential, vendor-free community.

Our members also came together for a live panel discussion to share how they’re upholding DEI commitments amidst recent events raising questions on the future of DEI.

You can watch the recording to gain more actionable insights on navigating the politicization and polarization of DEI, responding to resistance, and more.