In a closely-watched public-sector affirmative action case, the U.S. Supreme Court has held that pursuing “the educational benefits of diversity” via concrete, measurable goals constituted a compelling interest that permitted the use of race in the University of Texas (UT) admissions program.
In a divided 4–3 ruling, Justice Anthony Kennedy’s majority opinion in Fisher v. University of Texas at Austin, No. 14-981 (June 23, 2016) (Fisher II), reasons that while merely asserting an interest in diversity was insufficient to withstand a constitutional challenge, “concrete and precise” goals such as destroying stereotypes, promoting cross-racial understanding, preparing students for a diverse workforce and society, and cultivating leaders could justify the use of race in a narrowly tailored admissions program.
This is the second time the Fisher case has been before the High Court. In a 7–1 ruling issued in 2013 (Fisher I), the Court sent the case back to the Fifth Circuit Court of Appeals to determine whether the University had demonstrated “‘that its plan is narrowly tailored to achieve’ the educational benefits that flow from diversity.”
This case involves a public university admissions program and implicates federal constitutional principles that do not apply to the practice of voluntary affirmative action in the private sector. Thus, nothing in Fisher II mandates any change in how private employers implement their affirmative action programs.
A copy of the Supreme Court’s decision in Fisher II is available online here.
Members of the Equal Employment Advisory Council (EEAC) can read more here.