In this episode of Jackson Walker Fast Takes, Houston partners Jamila M. Brinson and Dawn S. Holiday join host Courtney White to discuss the significant shifts in the diversity, equity, and inclusion (DE&I) landscape following the Supreme Court’s landmark decision in Students for Fair Admissions v. Harvard.

The ruling has had far-reaching implications beyond the realm of education, prompting many corporations to reassess their DE&I strategies. Jamila and Dawn explore the national and state-level repercussions of the decision, providing valuable insights on how businesses can navigate this complex and ever-changing landscape while maintaining their commitment to diversity, equity, and inclusion.

Jackson Walker’s Diversity & Inclusion Counseling practice is available to help companies address these issues and develop effective strategies to uphold their DE&I commitments.

Featured This Episode

Our Host:
Courtney White Research Attorney, Dallas & Houston Follow on LinkedIn » Instagram: @courthousecouture
Episode Guests:
Jamila M. Brinson Partner, Houston Follow on LinkedIn »		Dawn S. Holiday Partner, Houston Follow on LinkedIn »

Episode Transcription

Courtney White: Hi, my name is Courtney White, and this is Jackson Walker Fast Takes. In June 2023, the Supreme Court struck down the use of race in college admissions in the Students for Fair Admissions v. Harvard decision, which has made addressing diversity, equity, and inclusion at the corporate level a little cumbersome for many entities. I’ve invited my colleagues to the podcast to discuss those changes. Jamila Brinson and Dawn Holiday are partners in our Houston office, and they are both members of our Diversity & Inclusion Counseling group. Dawn and Jamila, welcome to the podcast today.

Jamila M. Brinson: Thank you very much Courtney, happy to be here.

Dawn Holiday: Courtney, so happy to be here today.

Courtney White: So Dawn, I just want to ask you, can you just briefly explain what has changed nationally in the DEI landscape since the Harvard decision?

Dawn Holiday: Sure Courtney. So just to give a little bit of a recap, the Harvard decision struck down affirmative action in college admissions. And we have seen that this ruling has set a precedent that is influencing other sectors, not only education, and it has led to legal challenges against race conscious policies. And we’ve seen that in businesses, nonprofits, and government programs. There’s also been some state level actions as a result of that decision. And we’ll talk about Texas a little bit later. So nationally, what we have seen is a pushback against corporate DE&I programs. And so, this has caused many corporations to reconsider or scale back their DE&I initiatives in an attempt to avoid litigation. And so, corporations are increasingly being advised to focus on race neutral policies and broader diversity strategies.

We’ve also seen that there have been revisions to hiring and training practices. And so many organizations are moving more towards inclusive and race neutral DE&I practices, which includes revamping their recruitment processes, reevaluating training materials, and encouraging DE&I goals that comply with the ever-evolving anti-discrimination laws. And finally, what we’ve seen is anti-DE&I movements. And so there has been a growing resistance to DE&I programs, particularly among conservative groups that frame DE&I as discriminatory against certain demographic groups, such as white males. And so, this has influenced legislatures to pass laws that restrict or outright ban DE&I initiatives in public employment and education.

Courtney White: Thank you, Dawn, for that great explanation. And Jamila, I just would love to know really briefly, what big changes have we seen post the Harvard decision in Texas?

Jamila M. Brinson: Sure. So here in Texas, two big changes were the Texas Senate Bill 17, which was passed last legislative session, and it prohibits any institution of higher education that receives public funds here in Texas from having or maintaining or establishing a DE&I office or hiring any personnel to work in any type of DE&I personnel role. And what we have seen, practically on the ground, is this has resulted in several Texas universities shuttering doors basically on any of the on-campus offices that serve primarily underrepresented students. We’ve also seen litigation here in Texas.

One case that was filed in mid-2024 was filed by the American Alliance for Equal Rights against a nonprofit organization called Founders First. And that lawsuit alleged that Founders First violated federal anti-discrimination laws because their eligibility requirements included race. And a federal court in the Western District of Texas, at least in terms of the preliminary injunction stage, agreed with American Alliance and determined that because race was one of the eligibility factors, it was likely that American Alliance would win in their lawsuit. And just recently on October the 16th, the party settled the case with Founders First agreeing to pay American Alliance’s attorney’s fees and costs. So, these are just a snippet of what we’re seeing here in Texas.

Courtney White: So, with that ever-changing landscape, I would love to discuss the opportunity that Jackson Walker attorneys have to really assist with helping companies and different entities understand how to move forward.

Dawn Holiday: Sure Courtney, I want to re-emphasize that Jackson Walker has a Diversity & Inclusion Counseling group. So let us help you. So, we have a great opportunity to partner with current and potential clients to meet DE&I goals and to be legally compliant in this new DE&I landscape. So how does that look? Well, we conduct employee trainings, and we encourage all of our clients to conduct regular trainings on DE&I topics, including unconscious bias, anti-discrimination laws, and workplace harassment. And we also recommend that these trainings be mandatory for all employees from entry-level staff all the way up to executives. And so, there’s specialized training that we also offer to managers and supervisors on how to handle sensitive situations and to promote inclusion and address complaints properly.

So that brings me to my next point which is employee complaints and addressing those concerns through investigations. We recommend that there is a clear and accessible reporting channel or mechanism for employees of how grievances related to discrimination, harassment, or inequity. And we want to make sure that those channels are confidential and free from retaliation. And so, we also conduct workplace investigations so that employers are able to investigate complaints thoroughly and in a timely manner and take corrective action if necessary. And then we also promote fostering of an inclusive culture in terms of leadership from the top down. So, leaders should be able to model inclusive behavior and hold themselves accountable for achieving the organization’s DE&I goals. There’s also employee resource groups and DE&I committees that we’ll talk about in a second. And so, I’ll turn it over to Jamila now to discuss how we can partner with you to help you develop a legally compliant DE&I policy and practice within your organization.

Jamila M. Brinson: Thank you, Dawn. I think one important point to remember is that the types of lawsuits that we’re seeing filed by organizations like American Alliance, they are not as common as alleged employment discrimination, harassment, and retaliation lawsuits that are filed by employees, employees in underrepresented groups. And so, employers need to continue, as Dawn has shared, to do training to make sure they review their policies to ensure that they are treating all employees equally and that they are creating an environment of inclusion and belonging. In addition, in order to avoid lawsuits such as those filed by American Alliance, employers need to ensure that they are analyzing their policies so to make them as race neutral as possible, because that has really been the focus. Whether or not the eligibility criteria and in programs and policies include race as a factor. We at Jackson Walker in our Diversity & Inclusion Counseling practice, this is what we do. We’re passionate about this and we’re excited to be here with you and to help walk through and tackle these very thorny issues.

Courtney White: Thank you so much Dawn and Jamila for talking about something that may be a little bit confusing for companies. You all did an awesome job.

Jamila M. Brinson: Thank you very much for having us.

Dawn Holiday: Thanks, Courtney.

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The music is by Eve Searls.

The opinions expressed do not necessarily reflect the views of the firm, its clients, or any of its or their respective affiliates. This article is for informational purposes only and does not constitute legal advice.

Meet Jamila

Board certified in Labor and Employment Law by the Texas Board of Legal Specialization, Jamila Brinson is a zealous advocate for her clients. She partners with clients to help them understand the nuisances of Texas state and federal employment law, defends management and employers in employment litigation, conducts workplace investigations, drafts, and advises on employment policies, and provides individualized employee and supervisor training. Jamila formed and chairs Jackson Walker’s Diversity & Inclusion Counseling Practice, which serves clients seeking to foster inclusion in its corporate culture by implementing and maintaining effective and legally compliant diversity, equity, inclusion and belonging related strategy, policies, and procedures.

Certified in Leading Diversity, Equity and Inclusion through Northwestern University’s Weinberg College of Arts and Sciences, Jamila is often brought in by clients to conduct workplace culture assessments and propose plans of action to remedy legal concerns and decrease risk. In recognition of her practice, Jamila has been named to The Best Lawyers of America list for Employment Law—Management, Thomson Reuters’ Super Lawyers list, and Lawdragon’s list of the 500 leading U.S. Corporate Employment Lawyers.

Meet Dawn

Dawn S. Holiday focuses on labor and employment law litigation, representing corporations in disputes involving discrimination, harassment, wrongful termination, wage and hour, non-competition, trade secret and workplace investigation claims. Dawn has been recognized among Thomson Reuters’ “Super Lawyers – Rising Stars,” “Who’s Who in Black Houston,” the National Bar Association’s “Top 40 Under 40,” and Lawdragon’s “500 Leading U.S. Corporate Employment Lawyers.” Dawn has also been recognized among the National Black Lawyers “Top 100” for three consecutive years.

Outside of her law practice, through various organizations, Dawn is on mission to advance equality for women and underrepresented attorneys in the legal profession. She is highly regarded and has an outstanding reputation amongst her peers, as well as the recipient of many prestigious awards and recognitions for her legal expertise, leadership and community service.