Supreme Court Case Could Spark Rush of Reverse-Discrimination Claims

Until recently, such programs have been operating under the assumption that their services could be limited to specific groups so long as those groups did not gain an advantage in hiring, firing, promotions and salaries, said Lindsay. Lawsuits that have challenged such programs so far have not gained much traction.

But “depending on exactly the contours of the Supreme Court’s decision [in Muldrow], then they would be vulnerable to challenge,” Lindsay said. She emphasized that not every program would be vulnerable because many are designed to meet a core obligation of Title VII: equal employment opportunity. The programs that would be most vulnerable would be those that offer tangible employment benefits or are limited to employees of a specific race or gender, she said.