The potential for a surge in employment litigation exists in wake of the U.S. Supreme Court's recent cancellation of affirmative action policies in higher education admissions, a Phillips Lytle partner in New York says.

At first glance, SCOTUS's June 29 ruling that effectively ended the consideration of race as a factor in admitting students to college and universities doesn't appear to have a direct impact on private employers, since Title VII of the Civil Rights Act protects employees and job applicants from employment discrimination based on race, color, religion, sex and national origin.