In June, the nation finally learned the Supreme Court’s decision in Students for Fair Admissions, Inc. vs. Harvard University and The University of North Carolina. As we continue to digest the news that the Court declared affirmative action unconstitutional, we look ahead to the new academic year with mixed emotions.

Those of you who are DEI practitioners, as well as those of us who study racial inequality in organizations and institutions, may feel a combination of uncertainty, fear, confusion, and disillusionment. I know you’ll agree that now is not the time to be complacent. As advocates for equity and justice, we will adapt our methods to a new landscape while retaining our vision for a society that acknowledges and transforms the beliefs, practices, and systems that disadvantage and disempower people of color.

We know that when approached with a learning mindset, perspectives from diverse cultural experiences can lead to more innovative solutions, heightened employee engagement, and a broader understanding of business and societal needs. This tapestry of insights enhances collaboration and strengthens any organization's adaptability in an ever-evolving landscape, ultimately contributing to its long-term success and resilience. For companies to retreat from their commitments to advancing equity and diversity would be profoundly shortsighted. Yet even so, it’s also important to affirm that we don’t need an economic rationale to recognize the dignity of others nor the importance of eradicating the discrimination and bias that harm many and diminish the collective humanity of us all.

To reinforce our shared commitment to making change, the RGE team invites you to read more below about the implications of this decision and various considerations for navigating this new reality. We hope you find these readings useful and can share some of these resources with your peers and colleagues. We welcome your recommendations and thoughts, so please feel free to contact us at rge@hbs.edu.

Robin J. Ely
Diane Doerge Wilson Professor of Business Administration
Faculty Chair, Race, Gender & Equity Initiative

Firstly, how does this decision actually impact organizations?


In a recent Harvard Business Review article, DEI Strategist Lily Zheng reviews the legal restrictions on using race as a factor in practices like hiring. Zheng notes that quotas (i.e., restricting an opportunity to a specific group of people) were already prohibited prior the most recent Court decision, but It’s important to distinguish between quotas and DEI goals. Many companies may make pledges, known as racial targets, to boost their representation of various groups. For example, this could look like a pledge to increase the percentage of Black employees in leadership roles by 20% over five years.

So, What Can Leaders Do?

1. Don’t Give into Fear:

As a society, we cannot afford to regress on matters of equity and inclusion. In a recent Harvard Business Review article, Professor Tina Opie (Babson College) and Professor Ella Washington (Georgetown University) delve into the history of race in hiring and admissions, the risks of complacency in DEI efforts, and the harmful impacts of scaling back racial equity policies that we are already seeing in certain states across the US.

2. Focus On Improvements That Help Everyone:

Despite accusations that DEI efforts privilege certain racial or gender groups, the most effective methods benefit any organization's overall culture by fostering an inclusive environment. Professors Kenji Yoshino and David Glasgow (NYU School of Law) suggest that three efforts will remain unaffected by the courts:

  • Debiasing, or removing gendered or racialized language and processes from hiring
  • Ambient DEI programs or initiatives that create a more accessible environment for women and people of color
  • Universal frameworks, which improve the workplace equally for everyone

3. Use Data to Your Advantage

Data and metrics can help cement your DEI vision in concrete efficacy.

Use racial data to:

  • Recruit from diverse pools
  • Identify areas for improvement in demographic representation
  • Track your DEI strategy to measure whether your workplace is becoming more inclusive

For more information on how to use data to evolve your DEI strategy, read DEI Strategist Lily Zheng’s article.

4. Measure and Test Your Efforts

Performing (A/B) tests in your organization can help ensure that your DEI measures are working—and that your employees can see them working. Think of this as a clinical trial for your DEI intervention.

To learn more about how A/B testing can help you evolve and adapt your DEI work, read Harvard Business School Professor Edward Chang and co-authors’ recent article.