Employers have faced confusion over the legal status of diversity, equity and inclusion programs ever since the Supreme Court issued its June 2023 ruling in Students for Fair Admissions v. President and Fellows of Harvard College. 

The litigation attack on diversity-related initiatives that followed the Harvard ruling is far from over, and the law governing DEI in the workplace is still developing, some experts say. Meanwhile, with employers left wondering if their affinity group or hiring initiative will get them dragged into court, law firms are bulking up their offerings to clients worried about the risk of this form of litigation.