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Two Supreme Court decisions issued on June 29, 2023, promise to fundamentally reshape the relationship between employers and employees. These decisions will make it easier for employees to obtain religious accommodations, and harder for employers to promote diversity. In Groff v. DeJoy, the Court held that Title VI of the Civil Rights Act of 1964 requires that employers grant religious accommodations unless doing so imposes a “substantial” hardship on the employer. This standard is significantly more burdensome for employers than the pre-existing de minimis burden test, and could lead to a sharp increase in demands for religious accommodations. In cases against Harvard and the University of North Carolina at Chapel Hill, the Court ruled that the universities’ affirmative action admissions programs violate the Constitution’s equal protection clause. The decision effectively ends race-conscious admissions programs, and leaves many businesses concerned about the legality of race-based preferences in hiring, promotions, and contracting. Republican state attorneys general have already sent a letter to CEOs of the 100 largest U.S. companies arguing that the decision also applies to private employers in an effort to force employers to roll back DEI programs and commitments.

Questions abound in the wake of these decisions. Are corporate efforts to promote diversity now vulnerable to legal challenges, thereby making it harder for companies to build diverse workforces? How will Groff’s new religious accommodations rule apply to individual cases? Will Groff cause a meaningful increase in the number of people seeking religious accommodations? And how (if at all) should companies adjust their policies and practices around DEI and religious accommodations to respond?

Join a distinguished panel of experts to explore these decisions’ impact on corporate America, and to consider best practices for responding to these new challenges.

• Joseph A. Grundfest (moderator)
  W. A. Franke Professor of Law and Business, Emeritus, Stanford Law School; Senior Faculty, Rock Center for Corporate Governance
• Christina Hall
  Chief Human Resources Officer, Instacart
• Pam Karlan
  Kenneth and Harle Montgomery Professor of Public Interest Law and Co-Director, Supreme Court Litigation Clinic, Stanford Law School
• David Sutphen
  Founder & Co-CEO, Jasper Advisors
• Marina C. Tsatalis
  Partner, Wilson Sonsini Goodrich & Rosati