EEOC Commissioner predicts crackdown on ESG, DEI programs due to SCOTUS ruling.

Employment Opportunity Commission (EEOC) Commissioner Andrea Lucas Responds to Supreme Court Ruling

In response to the recent U.S. Supreme Court ruling that racial discrimination in college admissions is illegal, Commissioner Andrea Lucas from the Employment Opportunity Commission (EEOC) predicts a surge in lawsuits targeting diversity, equity, and inclusion (DEI) programs, as well as environmental, social, and corporate governance (ESG) measures.

Lucas made these remarks following the Supreme Court’s 6-3 ruling that deemed the affirmative action ruling.”>race-based admissions programs at Harvard and the University of North Carolina illegal.

“I believe this ruling will serve as a wake-up call for employers,” Lucas stated during an interview with Fox News’ “America Reports.” “Now is the perfect time for lawyers to thoroughly examine the legality of their corporate diversity programs. While many employers may not explicitly use the term affirmative action, it is still prevalent today. From ESG initiatives to equity-focused efforts, there is immense pressure across corporate America to make race-conscious decisions in employment law, and that is both illegal and has always been illegal.”

Lucas further added, “I have noticed an increasing number of challenges to corporate DEI programs, and I anticipate that this decision will shed an even brighter light on the misalignment of some of these programs. Let me be clear, I am not criticizing all diversity programs; it truly depends on their structure. However, if these programs explicitly or implicitly consider race in employment decisions, such as race-restricted internships, race-restricted mentoring, or race-focused promotions, they are in violation of the law. I expect to see a rise in legal challenges as this issue gains more attention.”

Watch the interview below:

WATCH: @andrealucasEEOC reacts to this morning’s Supreme Court decision on affirmative action with @SandraSmithFox and what it may mean for employer hiring decisions and more. #AmericaReports pic.twitter.com/GXeBrT6PJX

— America Reports (@AmericaRpts) June 29, 2023

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