The Supreme Court of the United States ruled last month that race-based affirmative action in college admissions was unconstitutional. The astounding, unprecedented events that led to the current makeup of the court and made this and other decisions with serious, harmful consequences possible represent an urgent threat to equity and justice. U.S. insistence upon adhering to the oldest written constitution in the world — drafted by white men who did not see women or people of the global majority as deserving citizenship — can feel baffling while every facet of our lives has shifted dramatically since it was written. While it is important to note that the greatest beneficiaries of affirmative action have been white women, this sweeping ban will nonetheless have critical implications within BIPOC communities.
When California banned affirmative action, higher education institutions saw sharp decreases in racial diversity of incoming students, and a study conducted from 1990 to 2009 following four states that banned affirmative action found that workforce participation decreased:
- 7% among Latino men
- 4% among Black women
- 37% among Asian women
This is a systemic issue with far-reaching consequences for these communities and organizations alike. As Angel B. Perez succinctly summarized in a recent essay for The New York Times: “If you haven’t connected the dots for how this will affect your organizations, it’s time to wake up … For decades, companies in America have relied on colleges and universities to deliver a diverse and well-prepared work force. That gravy train is officially over.”
Overrepresentation of white people in professional spaces not only has negative consequences on people’s day-to-day understanding of others and current events, but also for the health and long-term sustainability of our organizations.
The fact that a record number of major employers submitted amicus briefs in support of race-conscious college admissions tells us that employers understood this to some degree; what remains to be seen is what they will do in response to the ruling.
What can organizations do now to be proactive and stay ahead of the consequences of the Supreme Court’s affirmative action ruling?
Remove arbitrary education requirements from job postings
While it has been historically common to list specific education levels in job postings, review your organization’s postings and consider whether this is critical, or whether other experience could effectively prepare someone for the role. While requiring specialized training and experience may make sense for many jobs, a general requirement for a bachelor’s degree doesn’t tell us much about a candidate’s actual ability to do a job well; work experience may be just as valuable if not more so.
Expand recruiting efforts … and DEI budgets
Expand where you are posting jobs to include listings that will reach different audiences. Recruit actively from Historically Black Colleges and Universities, Hispanic Serving Institutions, Tribal Colleges and Universities, and BIPOC affinity groups at predominantly white universities. Just as critically, do not bow to external pressure to cut DEI budgets; employees value and seek out inclusive workplaces and are unlikely to stay if this environment is not realized.
Intentionally allocate funding to less-endowed institutions of higher ed
Large, well-endowed universities are well-equipped to respond to this ruling with alternate approaches. Funding endowments of smaller schools that may struggle to recruit across racial diversity or support lower income students with financial aid will be much more impactful. Consider building partnerships with such institutions to offer internships and other opportunities.
Intentionally allocate funding to address underlying K-12 disparities
Underlying disparities in K-12 education are to blame for significant gaps in who is able to attend college in the U.S. The gap between Black and white Americans attending college is particularly striking and has grown in recent years. Supporting community organizations, mental health services, extracurriculars, and academic outreach programs in your community will have a direct impact on the educational trajectory of historically marginalized groups’ access to and success in educational spaces. Addressing these problems at the origin with intentional funding (and imploring legislators to attend to these “root causes” to realize a prepared and representative workforce!) will help everyone.
Keep perspective
Until your organization’s demographics are representative of the communities you serve, one can make a compelling argument that lived experiences with and understanding of historically marginalized groups are necessary skills to prioritize in hiring for your workforce to be as impactful and successful as it can be.
Salesforce’s Chief Equality Officer Lori Castillo Martinez wasted no time in taking a stance after the affirmative action ruling: “Salesforce’s commitment to equality doesn’t waver, and we will continue to work toward our representation goals, regardless of today’s ruling.” Organizations would do well to follow her lead.
Increasingly, organizations of all kinds will need to be involved in policy for their own interests as extremists seek to curtail DEI work in ways that are not in an organization’s best interests. While we live in a litigious culture that may be emboldened by this ruling, bowing to fear and what is “easiest” in hiring under this new reality will not serve organizations long term. Those that take action now will be best prepared to respond to a monumental shift in policy and approaches brought on by this ruling.
