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SUPREME COURT RULINGS JUNE 2023

Landmark Decisions

The past two weeks, the US Supreme Court handed down many decisions that will have impact on HR, the workplace and managing employees. We've broken it all down for you here, plus a special message from our CEO, Dave Baker, on how to navigate these decisions.

 
AN UNPRECEDENTED WEEK FOR THE SCOTUS

"The Supreme Court ended its term with a bang this past week, delivering a flurry of momentous decisions that underscored the growing influence of its six conservative justices, three of them

appointed by former President Donald Trump. The rulings sparked protests, with demonstrators chanting, "We won't go back!"


The Atlantic's Adam Harris says the week was historic not only for the court's sharp right turn, but for the highly-charged opinions that revealed the court's deep divide on the biggest issues of our time: race, education, and gay rights. "The conservative majority has found their way to flex their muscle," Harris said. "It's hard to see how that will change in the foreseeable future." The high court's standoff will reverberate across the country, with sweeping consequences in people's lives, starting with those college applications and loans." Learn more


HR'S ROLE IN THE WAKE OF SCOTUS DECISIONS

"In a landmark decision Thursday, the U.S. Supreme Court banned affirmative action in college admissions—a move that could have significant reverberations across the corporate world. The 6-3 decision, which stemmed from challenges to affirmative action policies at Harvard and the University of North Carolina-Chapel Hill, overturned decades of case law that permitted educational institutions to consider self-identified race in admissions decisions, as long as it wasn’t the only factor. While the decision was limited to college admissions, it is expected to have vast implications for employers—particularly around recruitment, advancement and DEI strategies —and, as another win for conservatives on the court, it could be a precursor to future employer-focused decisions around diverse hiring." Learn more


A MESSAGE FROM OUR CEO, DAVE BAKER

June 2023 - Recent Supreme Court Decisions and the Impact on Employment Practices.


There were several particularly important employment related cases decided by the Supreme Court a week ago that will have sweeping impact across all employers in the United States. Below are the cases and the potential fallout. The first is a focus on Affirmative Action programs, specifically in colleges, but this will immediately flow over into all employers. Affirmative Action is the expectation that every employer will have a representative sample of every protected class as a percentage of its workforce in their SMSA (Standard Metropolitan Statistical Area) which is about 50 miles from any particular zip code. Fifty miles is considered a reasonable commute under these guidelines. So, if for example, the SMSA for the Pittsburgh Region (about five contiguous counties) has a population of 13% Black – then the employers within that region are expected to make every effort to employ an equal number of that protected class within their workforce - at least 13%.


Here is where it gets a little more complicated. First, certain professions do not attract certain protected classes, and few people know why although many have tried to figure it out. Learn more


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