"Racial discrimination still occurs, and the effect of past racial discrimination still persists." See Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, Case Nos. 20-1199, 21-707 (June 29, 2023) (Kavanaugh, J., concurring) (hereinafter SFFA). In the wake of the U.S. Supreme Court's monumental decision in SFFA affecting affirmative action in the college admissions process, the legal community, organizations, and employers alike are scrambling to determine the legal or practical relevance, if any, this decision may have on diversity, equity, and inclusion (hereinafter referred to as DE&I) initiatives outside of higher education. In SFFA, the majority held that Harvard and UNC's admissions processes violated the equal protection clause of the Fourteenth Amendment because they explicitly consider race. Even in the wake of the SFFA decision, most corporate DE&I initiatives and policies remain lawful, so long as they comply with federal anti-discrimination statutes including Title VI, Title VII and 1981.