Presenters: Sara Lewenstein and Austin Spillane, Nilan Johnson Lewis P.A.
This presentation will address the Supreme Court’s 2023 decisions in Students for Fair Admissions v. Harvard and Students for Fair Admissions v. University of North Carolina and the impact of those decisions on DEI programs and diversity efforts in employment. 20 years after holding colleges and universities could consider race as one factor in admissions as a means of increasing student diversity, a more conservative Supreme Court reversed course. In the SFFA decisions, the Supreme Court held Harvard and the University of North Carolina’s admissions programs, which considered race as a factor in admissions, were unconstitutional under the 14th Amendment and unlawful under Title VI of the Civil Rights Act of 1964. This presentation will provide background leading up to the Supreme Court’s SFFA decisions, guide attendees through the contours of the SFFA decisions, and discuss the decisions’ impact on employment practices, including employer-DEI programs. This presentation will analyze the most recent pre- and post-SFFA litigation and activity and provide practical guidance for structuring DEI programs post-SFFA so that employers can continue working toward DEI goals.
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Sara Lewenstein
Labor and Employment Attorney at Nilan Johnson Lewis, P.A.
Sara brings a wealth of experience in labor and employment law, skillfully guiding employers through a wide spectrum of complex matters, spanning from single-plaintiff cases to nationwide class action suits. Her experience lies in defending organizations against various types of employment litigation, including discrimination and retaliation claims under Title VII, FMLA, and ADA, state and federal whistleblower claims, as well as charges before the NLRB, EEOC, and other agencies.
Sara has developed a particularly deep understanding of matters affecting the education industry and provides counsel to private and public post-secondary and K-12 educational institutions, including compliance with FERPA, Title VI, Title IX, and the Clery Act.
Austin J. Spillane
Labor and Employment Attorney at Nilan Johnson Lewis, P.A.
Austin Spillane is a member of NJL’s Labor and Employment team. He employs his analytical and writing talents to litigation matters ranging from single-plaintiff discrimination claims, noncompetes, FLSA collective actions, and state wage-and-hour class actions. Prior to joining private practice, Austin was a clerk for The Honorable David T. Schultz in the U.S. District Court for the District of Minnesota. During his clerkship, Austin worked on many complex matters, including putative class actions, multidistrict litigation (“MDLs”) and several FLSA collective actions. His experience seeing litigation disputes from a judge’s perspective helps him craft winning arguments in the courtroom.
