There’s a good discussion here by an employment-law expert of the Supreme Court’s decision in Fisher v. University of Texas and the issue of employment discrimination. The bottom line: “the law simply abhors preferences, quotas and hiring less-qualified individuals. There is no real ‘affirmative action’ (as that term is commonly known) under the law for hiring, or promotions. Always remember — discrimination of any form is discrimination – in favor of or against any one group.”
That’s exactly right. Many employers seem to think that because universities are (barely) allowed to weigh race in pursuit of “diversity” companies are, too. Not so. See also my EEOC testimony on this from a few years back.