Affirmative Action in College Admissions and Employment

November 9, 2022


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On Oct. 31, 2022, the U.S. Supreme Court will hear oral argument on the use of race as a factor in undergraduate college admissions in two cases brought by Students for Fair Admissions (SFFA). Beyond challenging the current legal test that applies to student admissions, a ruling in the SFFA cases may create larger legal issues with respect to affirmative action generally — in employment and other settings.

Join a panel of McGuireWoods education and labor and employment team members for a discussion of the Supreme Court oral argument and related takeaways for colleges, universities and employers.


  1. Current framework for the use of race in undergraduate admissions
  2. Legal tests and affirmative action limits for employers under Title VII
  3. Impact of a ruling that prohibits or limits use of race as an admissions factor
  4. Trickle-down impact on corporate affirmative action and DE&I efforts
  5. Action steps for the months ahead

McGuireWoods Speakers

  • Brian D. Barger, Partner
  • Sarah K. Wake, Partner
Camille Weber

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