The standard of review used by the Supreme Court in cases involving racial classifications is “strict in theory, fatal in fact.” AAAED recommends that another, fairer process be used to weigh the merits of cases involving race.
Washington, DC (PRWEB) December 07, 2015
In November 2015, the American Association for Access, Equity and Diversity (AAAED) filed its amicus curiae brief with the U.S. Supreme Court in the case of Fisher v. University of Texas at Austin. In the brief, the Association urged the Court to follow its own precedent in the Grutter v. Bollinger case and hold that diversity in higher education admissions is a compelling state interest. Colleges and universities should be able to consider the whole student, including a student’s race among many factors, to determine who is admitted.
What: AAAED experts are available to speak with the news media about:
- What the Fisher decision means from the perspective of EEO, affirmative action and diversity practitioners and lawyers.
- That Ms. Fisher lacks standing to sue because she suffered no injury. The case is moot.
- Fisher and other cases involving diversity efforts supporting descendants of slaves --the original beneficiaries of the 14th Amendment, should not be subjected to a more stringent level of review than for other protected groups. The standard of review used by the Supreme Court in cases involving racial classifications is “strict in theory, fatal in fact.” AAAED recommends that another, fairer process be used to weigh the merits of cases involving race.
- College admissions tests have a serious adverse impact on students of color. Therefore, using the "holistic" process that includes race among other factors, a process approved by the Court in 2003, serves to mitigate this adverse impact.
Who: The Association’s president, Marshall Rose; its Executive Director, Shirley J. Wilcher; and members of the association’s amicus brief legal team, Marilynn Schuyler, Joe Weiner, Matthew Camardella and Dean Sparlin, are available to speak with the news media about the Supreme Court’s review of Fisher. A decision is expected to be released before the end of June 2016.
When: Immediately and ongoing. For a copy of the AAAED brief, go to:
US Supreme Court Case: Fisher v. University of Texas at Austin
AAAED is a national nonprofit association of professionals managing affirmative action, equal opportunity, diversity, and other human resources programs. Founded in 1974 as the American Association for Affirmative Action, AAAED is the oldest operating association of professionals in the Equal Opportunity profession. A leader in training and advocacy for professionals in higher education, private industry and government, AAAED’s mission is to nurture understanding of and offer advice to enhance access, equity, and diversity in employment, economic, and educational opportunities.