Simpson Thacher Attorneys Author Law360 Article on Impact of Eleventh Circuit Ruling on DEI Litigation
06.21.24
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Partners Martin Bell, Leah Malone and Linton Mann III authored an article titled, “What 11th Circ. Fearless Fund Ruling Means For DEI In Courts,’” which was published by Law360. The article discussed the Eleventh Circuit’s authorization of a preliminary injunction enjoining a program run by the Fearless Fund to provide grants to women of color building new companies. The article outlined notable findings from the decision and further explained how the decision marks a significant extension of the concepts established by Students for Fair Admissions, shifting legal skepticism of DEI and affirmative action programs beyond the college admissions process and onto the activity of private firms and private transactions. The article also identified several matters where other courts have dismissed similar claims, and suggested that certain modifications could bring similar grant programs into compliance.
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