Angela Fogt Discusses Nonprofit DEI Efforts Post-Students for Fair Admissions With Minnesota Lawyer

Corporate counsel Angela Fogt spoke with the Minnesota Lawyer about nonprofit organizations’ efforts to pursue race-conscious programming following the U.S. Supreme Court’s ruling in Students for Fair Admissions v. Harvard (SFFA) in the article “Initiative Confronts DEI Backlash.” 

Fogt said that while the SFFA decision applied only to higher education institutions, the legal rationale underlying the case is being used to challenge race-conscious programs in other contexts, including nonprofits and other grantmaking programs. Fogt noted that most of the lawsuits challenging these equity initiatives are filed by a handful of plaintiffs’ groups, who are seeking to shut the programming down as a whole rather than seeking monetary damages. She said that although the law has not changed for nonprofit organizations in Minnesota that are receiving federal funding, there is a risk that these programs could be challenged in this rapidly changing area of law. Further, Fogt said that while many nonprofits have modified or discontinued their race-conscious programming, others remain steadfast in their commitment to DEI efforts in the face of potential litigation. 

“Some of these organizations are reducing the risk of legal challenge by carefully structuring programs and using thoughtful communication strategies,” Fogt noted. “They are also building in the flexibility to modify programs over time if changes are ultimately required by law.”