Explainer Episode 56 – Affirmative Action in Employment

Affirmative action plans, though perhaps most associated with college admissions and higher education, actually crop up in a wide array of spaces, including in the context of employment. In this podcast, Eric Dreiband breaks down how Title VII of the Civil Rights Act of 1964 applies in the context of voluntary affirmative action plans. He explains not only what the criteria for such plans are, but also the risks employers should consider, what, if anything, has changed post SFFA v. Harvard, and when it could be legal to discriminate based on protected characteristics in the context of employment.