Pryor Cashman Partner Joshua Zuckerberg, co-chair of the Labor and Employment Group, talked to Law360 Employment Authority about the outlook for discrimination law and diversity initiative issues in 2023.
In "4 Questions On Discrimination Attys' Minds In The New Year," Josh addresses the potential impact for employers of upcoming U.S. Supreme Court decisions on affirmative action and race-conscious admissions at colleges:
Even though case law surrounding race-conscious policies differs between the academic and employment contexts, attorneys say that the future of employers' diversity initiatives - which can include efforts to broaden applicant pools or training seminars, among other things - may be significantly impacted if the high court rules against Harvard and UNC.
"That's not in the employment context, but I think employers and folks who care about diversity at companies are watching that case because depending on how hostile the court is, it could certainly have some impact on how [discrimination] cases are handled, especially reverse discrimination cases," said Joshua Zuckerberg, co-chair of the labor and employment practice group at Pryor Cashman LLP.
"Certainly, there [are] all sorts of diversity initiatives that take place and sometimes, when positions are being advertised, employers will say, 'We encourage diverse applications or diverse applicants,'" Zuckerberg added. "And that in and of itself may be rolled back, or there may be more concerns about that type of hiring if we get what we expect to get, which is a decision by the high court on affirmative action that's going to be very hostile to it."
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