In June 2023, the Supreme Court of the United States imposed strict limitations on the use of race in college admissions decisions. Given the outsized nature of US influence on both global perceptions and corporate practice, it is essential to consider how the Students for Fair Admissions (SFFA) decision is likely to affect corporate diversity, equity, and inclusion (DEI) initiatives around the world. In this article, the authors discuss how an incorrect understanding of the SFFA decision could negatively impact global perceptions of DEI and provide guidance for how to minimize these impacts. Put simply, the Supreme Court decision does not substantially change US corporate DEI methodology. The SFFA opinion is consistent with the “anti-discrimination” approach to advancing racial equality that has long been a feature of US law. Formal US “affirmative action” programs are strictly limited to circumstances where the employer is adopting targeted remedies to correct its own specifically identified discriminatory practices. Policies such as “employment equity” in Canada, “positive action” in Europe, “special measures” in Australia, or “affirmative action” in Brazil require, encourage, or tolerate to varying degrees social identity-based quotas, preferences, and exclusive recruiting measures of the type prohibited in the United States. Finally, understanding the anti-subordination approach—rejected by the Supreme Court majority but embraced by many national laws—allows for a recommitment to “do equity” using explicitly affirmative actions, where they are permitted, and an equity-based approach to all DEI initiatives.

Why the US Supreme Court ruling in Students for Fair Admissions does not signal the end of affirmative action or substantially change US corporate DEI methodology.

This award-winning case explores the challenges facing Susan Lloyd-Hurwitz, the CEO of Mirvac, an Australian property group, as she leads a major initiative to 'mainstream' flexible work arrangements across the organization. Spurred by dismal employee engagement numbers, including widespread dissatisfaction with work-life balance, she is determined to extend flex-time opportunities to all 1500 employees, including those in the male-dominated Construction division. The challenges are related to traditional attitudes within the industry and the company, the stigmatization of flex-time as smply accommodating working mothers at head office, and Lloyd-Hurwitz's own legitimacy to lead such a change. Her decision to press the leadership team to roll out the flexibility policy in the Construction division first exemplifies vision and courage. The roll-out illustrates how companies that identify/address systemic barriers can shift attitudes that often block the adoption of change initiatives. The use of male employees to experiment with flexibility in Construction and the support of male champions demonstrate that it is possible to erode stereotypes in programmes for gender diversity, equity and inclusion. The case explores Lloyd-Hurwitz's various leadership styles and the features of the change initiative which create the 'psychological safety' that enable employees to join the collective gamble to implement an unprecedented change.

This award-winning case case explores the challenges facing Susan Lloyd-Hurwitz, the CEO of Mirvac, an Australian property group, as she leads a major initiative to 'mainstream' flexible work arrangements across the organization. Spurred by dismal employee engagement numbers, including widespread dissatisfaction with work-life balance, she is determined to extend flex-time opportunities to all 1500 employees, including those in the male-dominated Construction division. The challenges are related to traditional attitudes within the industry and the company, the stigmatization of flex-time as smply accommodating working mothers at head office, and Lloyd-Hurwitz's own legitimacy to lead such a change. Her decision to press the leadership team to roll out the flexibility policy in the Construction division first exemplifies vision and courage. The roll-out illustrates how companies that identify/address systemic barriers can shift attitudes that often block the adoption of change initiatives. The use of male employees to experiment with flexibility in Construction and the support of male champions demonstrate that it is possible to erode stereotypes in programmes for gender diversity, equity and inclusion. The case explores Lloyd-Hurwitz's various leadership styles and the features of the change initiative which create the 'psychological safety' that enable employees to join the collective gamble to implement an unprecedented change.