Freedom of Thought, The Corporate World
Post, Video

Race at Work: Can Businesses Treat People Differently on the Basis of Race?

Jay Edelson
Gregory G. Katsas
Jonathan Berry
Jason C. Schwartz
Stacy Hawkins

A Freedom of Thought Post-SFFA Webinar

Monday, February 12, 2024

3:00 PM – 4:15 PM EST

In June of last year, the Supreme Court held that consideration of applicants’ race in admissions decisions of Harvard and the University of North Carolina violated both the Equal Protection Clause of the Constitution and Title VI of the 1964 Civil Rights Act.

But what are the implications outside of university admissions? How might this decision affect the interpretation and enforcement of federal laws against discrimination in employment, contracting, and other business practices?

Please join us for the first in a series of webinars, as we consider the larger implications of Students for Fair Admissions for employees and businesses.

On February 12th, our panelists will consider the continuing relevance of voluntary affirmative action plans under Weber and Johnson, the risks of adopting “diversity” commitments or pressuring outside contractors on diversity metrics, and newer defenses like asserted First Amendment interests in the consideration of race.


  • Jason C. Schwartz, Partner, Gibson Dunn & Crutcher
  • Jay Edelson, Founder & CEO, Edelson PC
  • Stacy Hawkins, Professor of Law, Rutgers Law School
  • Jonathan Berry, Managing Partner, Boyden Gray PLLC
  • Moderator: Hon. Gregory G. Katsas, Judge, United States Court of Appeals, District of Columbia Circuit

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