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On June 29, 2023, the U.S. Supreme Court handed down its opinion in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College. While commonly discussed as a case about affirmative action, the opinion was narrowly written to focus solely on the use of race in college admissions.   

The Court refrained from discussing affirmative action programs in a larger sense. Thus, the federal contractor requirements for affirmative action plans under the Office of Federal Contract Compliance Programs (OFCCP) remain unchanged. Employers with questions about these requirements can contact Employers Council. Should the opinion be more broadly construed, Employers Council will address it further in a future article.