The “OFCCP Week in Review” is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox and Candee Chambers. Here are the latest developments:
Thursday, June 23, 2016: United States Supreme Court Decides Fisher V. University of Texas Case. In a 4-3 opinion written by Justice Anthony Kennedy, the Supreme Court ruled in favor of the use of race as one of many factors used by the University of Texas in its admissions program. Abigail Fisher, a white female who was denied admission to the University of Texas at Austin (“UT”) for the class of 2008 filed her complaint on April 8, 2008. Among other things, UT used, in its admission process, the “Texas Top Ten Percent Plan.” That plan, which afforded all students in Texas in the top 10% of their high school class, to be automatically admitted to a state university. Fisher was not part of the top 10% of her graduating class and had to rely on other factors for admission. UT also used an Academic Index and Personal Achievement Index, which combined the students’ SAT scores, high school performance records and race, among other relevant factors. Fisher was denied admission and filed suit arguing that UT violated the Equal Protection Clause because of the alleged disadvantage to white applicants and sought to remove the consideration of race in UT’s admission’s process.
After seeking the US Supreme Court’s review, again, after a lower court earlier upheld the UT admissions program, the Court released its much-awaited second decision last week stating: “…a university may institute a race-conscious admissions program as a means of obtaining the educational benefits that flow from student body diversity.”
There is little disagreement with the benefit of racial and ethnic diversity in either corporate or university settings. The issue is more closely related to how it is achieved and for now, achieving diversity remains a “compelling state interest” in state educational settings. Accordingly, state educational institutions may continue to consider race into consideration as part and parcel of their admissions process, consistent with the Equal Protection Clause.
THIS COLUMN IS MEANT TO ASSIST IN A GENERAL UNDERSTANDING OF THE CURRENT LAW AND PRACTICE RELATING TO OFCCP. IT IS NOT TO BE REGARDED AS LEGAL ADVICE. COMPANIES OR INDIVIDUALS WITH PARTICULAR QUESTIONS SHOULD SEEK ADVICE OF COUNSEL.
Reminder: If you have specific OFCCP compliance questions and/or concerns or wish to offer suggestions about future topics for the OFCCP Week In Review, please contact your membership representative at 866-268-6206 (for DirectEmployers Association Members), or email Candee at candee@directemployers.org with your ideas.
