Last month, the U.S. Supreme Court ruled that race could be used as a consideration in college admissions. The case, Fisher v. University of Texas at Austin, has implications for employers across the country.
Abigail Fisher’s application for admission to the University of Texas-Austin was rejected. Ms. Fisher sued, saying that the University unlawfully considered her race in the admissions process in violation of her constitutional rights.
The Court did not opine on whether using race as an admissions factor was constitutional. Instead, the Court sent the case back to the lower courts for determination on the merits, while holding that affirmative action policies must be reviewed with strict scrutiny to make sure that they are narrowly tailored to achieve interest in diversity.
The University said that consideration of race is necessary to provide a diverse educational experience. Other factors, such as community service, work experience, and extracurricular activities, are considered in addition to race.
People in opposition to the consideration of race say that diversity is achieved through race-blind admissions and considering race at all is illegal discrimination.
The ruling has implication for employers when considering race of an applicant for employment. Some employers have affirmative action obligations under federal law, or minority business goals. While diversity and affirmative action are legitimate concerns in the employment context, employers will have to review hiring procedures to make sure hiring considerations are narrowly tailored to achieve the employer’s legitimate interests.
