June 2013

IF YOU ARE USING OFCCP-REQUIRED AFFIRMATIVE ACTION PROGRAMS CORRECTLY,
YOU WILL NOT FEAR THE COMING U.S. SUPREME COURT DECISION IN FISHER V. UNIVERSITY OF TEXAS

The precise legal question presented in Abigail Noel Fisher v. University of Texas at Austin et al., No. 11-345 (U.S. Sup Ct, cert granted 2/21/12) is:

  • “Whether this Court’s decisions interpreting the Equal Protection Clause of the Fourteenth Amendment, including Grutter v. Bollinger, 539 U.S. 306 (2003), permit the University of Texas at Austin’s use of race in undergraduate admission decisions.”

So, how did UT use race in its admission decisions? And, why would federal contractors subject to OFCCP’s “Affirmative Action Plan” jurisdiction care about this issue since the Fisher case involves college admission decisions, and not employment decisions?

Taking the second question first, federal contractors will care bec