, is charged with enforcing equal opportunity at work, not "equity." Our mission is to prevent and eliminate discrimination, not impose "equitable" outcomes.
There are distinct but similar statutory sections of the Civil Rights Act — Title VI and Title VII, respectively — that govern the education and employment contexts. Prior to today's ruling, the Court permitted universities to use race as a factor in admissions, based on their interest in promoting "diversity." Not so in the employment context. The Court never has blessed employers taking race-conscious employment actions based on interests in workforce diversity.
Likewise, even in the limited contexts in which affirmative action currently is permitted, an employer still cannot use racial or sex-based quotas. Companies also cannot take race-motivated actions to maintain a demographically "balanced" workforce. A more expansive view could have serious implications for certain diversity programs. The EEOC and DOJ's existing position is that Title VII bars discrimination in all actions affecting "terms, conditions, or privileges of employment" — including actions falling short of hiring, firing, or promotion.