Webinar Recap: Navigating the Shifting Landscape for Race-Conscious Programs Under Section 1981
On August 5, 2026, E.H. Williams II Law & Strategy PLLC hosted a webinar addressing one of the most consequential compliance questions facing nonprofits, universities, and corporations today: how the post-SFFA litigation environment has reshaped legal exposure for race-conscious programs under Section 1981.
Why This Matters Now
Since the Supreme Court’s decision in Students for Fair Admissions, the litigation landscape for race-conscious programs has moved quickly — and it is no longer just universities facing scrutiny. Corporate DEI initiatives, nonprofit fellowships, scholarship funds, and supplier diversity programs are increasingly the target of Section 1981 claims, often brought by plaintiffs and organizations actively searching for test cases to establish new precedent.
Organizations that built race-conscious programs in good faith years ago may not realize how significantly the legal ground beneath those programs has shifted — until a demand letter arrives.
What We Covered
The webinar walked attendees through three core areas:
The shifting litigation landscape since SFFA. How the theories plaintiffs are using to challenge race-conscious programs have evolved, and which types of programs have drawn the most litigation activity.
What makes a program a target. The structural and design features of programs — eligibility criteria, stated goals, selection processes — that tend to attract scrutiny, and why facially neutral language doesn’t always provide protection.
A practical framework for assessing exposure. A step-by-step approach organizations can use to evaluate their own programs for Section 1981 risk before litigation, rather than after — the same kind of privileged, pre-litigation review at the center of our Program Defensibility Review (PDR) service.
Get the Recording
We’re making the full recording available to organizations who want to review the material in depth. Fill out the form below and our team will follow up with access.
Want to Go Further?
If this raises questions about your own organization’s programs, our Program Defensibility Review offers a privileged, attorney-led audit designed to identify exposure before it becomes litigation. Contact us to learn more.