Should We Say Something About SCOTUS Ruling on Affirmative Action?
The authority on mixternal comms
Updated June 29, 2023: As expected, today the Supreme Court rejected affirmative action in university admissions (Reuters). The article below can help guide whether and how your company should address the decision with employees and external audiences.
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This note is for my American comms-rades, but the thinking on whether or how to say something about a judicial ruling on a sensitive topic can be applied across borders.
This week—maybe even today—the U.S. Supreme Court is expected to issue a ruling on affirmative action, i.e., whether universities can use race as a factor when admitting students. Overturning the 50-year precedent will upend admission processes for universities across the country.
The court is expected to rule against affirmative action. If they do, your company or leadership might want to say something about it.
Should your company or leadership say something about the ruling? To help you decide on whether to speak out on socio-economic issues, consider using a tiered framework 👇 ($).
Side note: This case was argued before the court in October 2022. Tsk tsk if you are just now thinking about how or if your company should respond.
This article has two sections:
Considerations if your company/leadership is dead set on saying something about the ruling.
Background information if your company/leadership is undecided.
We’re Gonna Say Something
For companies that will issue a statement—internally or externally (mixternally!)—consider the following:
The ruling probably won’t affect hiring at your company, but it may affect the talent pipeline. Students will still get educated, but people of color may be motivated to attend universities that seem more welcoming (e.g., historically Black colleges and universities).
Consider the following points in your remarks to employees and external audiences:
Not everyone will be familiar with the case, so set the stage at the beginning of the note. Give them context. (Here’s a good explainer.)
Reaffirm your commitment to building a diverse workforce.
Reaffirm your belief that diverse teams increase innovation and perform better financially; diversity is good for business. (Here’s a McKinsey study for background.)
Point to previous statements your company has made in support of affirmative action.
Indicate how the ruling may affect your company. This likely has something to do with how the talent pipeline will be challenged. Reinforce how Recruiting will seek diverse candidates regardless of the outcome.
Point to the resources within your company that provide education assistance, like tuition reimbursement or assistance in paying college loans.
Point to the philanthropic areas that relate to education, such as scholarship funds, internship/mentorship programs, etc.
Bottom line: Reinforce to employees and prospective recruits that no matter the decision, your company remains committed to diversity, equity, and inclusion.
Who should say something? This feels like an HR/D&I issue, so my recommendation is the head of your DEI department, head of HR, or the executive leader of your Black or Hispanic/Latino employee resource group.
Which channel? Context matters and every company is different. If you’re going to say something, at a minimum consider posting to your intranet or to your all-company chat rooms. How important this topic is to your executives and employees will determine if you need to go further by posting to official company social channels, the corporate blog, or by leaders on their own social media networks.
Be proactive and draft text for all channels, just in case.
You don’t need to rush! It’s better to get the message right rather than to be first.
We’re Undecided
Affirmative action has been banned in nine U.S. states (NYT), so for many Americans, students, and recruiters, the Supreme Court’s ruling won’t change many perceptions or expectations.
If you and your leadership need more information, these resources may help:
An explainer from Reuters on what the case is all about, implications, previous rulings, etc.
An amicus brief filed by dozens of corporations—from Accenture to Zazzle—explaining why affirmative action should be allowed in admitting students to universities. Start on page 14.
The impact the decision has on Corporate America (Axios). This article has helpful resources and quotes that explain why and how companies think about DEI.
Harvard study: Ending affirmative action programs significantly decreased diversity in the workplace, disproportionately hurting Asian women, Black women, and Hispanic men.
McKinsey study: Why Diversity Matters. Provides business justifications for diversifying your workforce.
Be sure to listen to your employees. Employees may raise their voices, wondering how the decision affects company operations or recruitment. They may be upset by what may be perceived as a setback for minorities in this country.
If there is a general murmur in your chatrooms or the HR department’s inboxes are being flooded with inquiries, you may need to step up and say something.
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Disclaimer: Besides running Mister Editorial, I am the editor-in-chief of Digital Publications at Lam Research. The views in this newsletter are my own.