At first glance, the U.S. Department of Justice’s lawsuit aimed at Minnesota laws and regulations that impose affirmative action obligations on state government agencies seems narrow in scope. But it may have wider implications, legal experts say.

“Public and private employers with similar affirmative action policies would be wise to prepare contingency plans” if the case reaches the U.S. Supreme Court and the court declares Minnesota’s program unlawful, said Zev Grumet-Morris, an attorney with Duane Morris in Chicago. [...]

“There are several states that have their own affirmative action requirements for government employers and private contractors with state agencies,” Grumet-Morris noted. Among them, Washington, like Minnesota, imposes obligations on state agencies to develop and maintain affirmative action plans to address workforce disparities, he said. “A favorable ruling for the government would deal a blow to these programs, even ones that enacted changes in response to and to comply with President Trump’s executive orders last January.” [...]

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