According to Andrea Lucas, Equal Employment Opportunity Commission Commissioner on Thursday’s Fox News Channel broadcast “America Reports”, the Supreme Court ruling regarding racial preference in college admissions would lead to a greater number of challenges against corporate DEI programs that are already illegal and other ways to sneak in race preferences.

Lucas stated, “I believe this will be a wakeup call for employers.” It is the perfect time for lawyers and corporate diversity professionals to examine the legality of their programs. Although many employers do not use the term affirmative action, the practice is widespread today. From ESG to equity, the concept is prevalent pretty much everywhere. There’s also a lot of pressure on the corporate 100 in corporate America to make race-conscious decisions.

She continued, “I’ve noticed that corporate DEI programs have been facing an increasing number challenges and I expect this decision to bring even more attention to how out-of-alignment some of these programs are. To be clear, i’m not criticizing every diversity program, but it depends on their structure. To the extent they explicitly or implicitly consider race in decision-making when it comes to employment decisions, internships restricted by race, mentoring based on race, promotion decisions based on race, etc. Many employment decisions are made. You are already breaking the law if you use race in any way to make decisions. I anticipate that you will face increasing challenges as people become more aware of this issue.”