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`Case: 19-2005 Document: 151 Page: 1 Date Filed: 05/21/2020 Entry ID: 6340669Case: 19-2005 Document: 00117604851 Page: 1 Date Filed: 06/22/2020 Entry ID: 6347242
`
`No. 19-2005
`
`IN THE
`United States Court of Appeals for the First Circuit
`
`STUDENTS FOR FAIR ADMISSIONS, INC.,
`Plaintiff-Appellant,
`
`v.
`PRESIDENT AND FELLOWS OF HARVARD COLLEGE,
`Defendant-Appellee.
`
`On Appeal from the United States District Court
`for the District of Massachusetts
`No. 14-cv-14176-ADB
`Hon. Allison D. Burroughs
`
`BRIEF OF AMGEN INC.; APPLE INC.; APPLIED
`MATERIALS, INC.; CISCO SYSTEMS, INC.; CUMMINS
`INC.; GENERAL ELECTRIC COMPANY; GILEAD
`SCIENCES, INC.; GLAXOSMITHKLINE LLC; INTEL
`CORPORATION; MICRON TECHNOLOGY, INC.;
`MICROSOFT CORPORATION; TWITTER, INC.; VERIZON
`SERVICES CORP.; and VIIV HEALTHCARE COMPANY AS
`AMICI CURIAE IN SUPPORT OF APPELLEE
`E. Joshua Rosenkranz
`Mark S. Davies
`ORRICK, HERRINGTON &
`Thomas M. Bondy
`SUTCLIFFE LLP
`Katherine M. Kopp
`51 West 52nd Street
`Sheila A. Baynes
`New York, NY 10019
`Sarah H. Sloan
`ORRICK, HERRINGTON &
`SUTCLIFFE LLP
`Darren S. Teshima
`1152 15th Street NW
`ORRICK, HERRINGTON &
`Washington, DC 20005
`SUTCLIFFE LLP
`(202) 339-8400
`405 Howard Street
`mark.davies@orrick.com
`San Francisco, CA 94105
`Counsel for Amici Curiae*
`
`

`

`
`
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`
`Keefe B. Clemons
`VERIZON SERVICES CORP.
`6 Bowdoin Square, 9th Floor
`Boston, MA 02114
`(917) 439-2610
`keefe.b.clemons@verizon.com
`(Counsel for Verizon Services
`Corp. only)
`
`*Orrick, Herrington & Sutcliffe LLP is counsel for Amgen Inc.;
`Apple Inc.; Applied Materials, Inc.; Cisco Systems, Inc.;
`Cummins Inc.; General Electric Company; Gilead Sciences,
`Inc.; GlaxoSmithKline LLC; Intel Corporation; Micron
`Technology, Inc.; Microsoft Corporation; Twitter, Inc. and ViiV
`Healthcare Company
`
`

`

`
`
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`
`CORPORATE DISCLOSURE STATEMENT
`This brief is filed on behalf of the following leading American
`
`businesses:
`
`Amgen Inc.
`
`Apple Inc.
`
`Applied Materials, Inc.
`
`Cisco Systems, Inc.
`
`Cummins Inc.
`
`General Electric Company
`
`Gilead Sciences, Inc.
`
`GlaxoSmithKline LLC
`
`Intel Corporation
`
`Micron Technology, Inc.
`
`Microsoft Corporation
`
`Twitter, Inc.
`
`Verizon Services Corp.
`
`ViiV Healthcare Company
`
`i
`
`

`

`
`
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`
`Pursuant to Fed. R. App. P. 26.1:
`
`Amgen Inc. does not have a parent company and no publicly held
`
`corporation owns ten percent or more of its stock.
`
`Applied Materials, Inc. does not have a parent company and no
`
`publicly held corporation owns ten percent or more of its stock.
`
`Apple Inc. does not have a parent company and no publicly held
`
`corporation owns ten percent or more of its stock.
`
`Cisco Systems, Inc. does not have a parent company, and no
`
`publicly held corporation owns ten percent or more of its stock.
`
`Cummins Inc. does not have a parent company, and no publicly
`
`held corporation owns ten percent or more of its stock.
`
`General Electric Company does not have a parent company, and
`
`no publicly held corporation owns ten percent or more of its stock.
`
`Gilead Sciences, Inc. does not have a parent company, and no
`
`publicly held corporation owns ten percent or more of its stock.
`
`GlaxoSmithKline LLC is owned, through several layers of wholly-
`
`owned subsidiaries, by GlaxoSmithKline plc, a public limited company
`
`organized under the laws of England whose Ordinary Shares are
`
`publicly traded. To the knowledge of GlaxoSmithKline LLC, none of the
`
`ii
`
`

`

`
`
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`
`shareholders of GlaxoSmithKline plc beneficially owns ten percent or
`
`more of its outstanding shares. However, the JPMorgan Chase Bank,
`
`N.A. (“JPM”) serves as the Depositary for the GlaxoSmithKline plc’s
`
`American Depositary Shares (“ADSs”), listed on the New York Stock
`
`Exchange, each representing two Ordinary Shares in GlaxoSmithKline
`
`plc. In that capacity, JPM is the holder of more than ten percent of the
`
`outstanding shares in GlaxoSmithKline plc.
`
`Intel Corporation does not have a parent company, and no publicly
`
`held corporation owns ten percent or more of its stock.
`
`Micron Technology, Inc. does not have a parent company, and no
`
`publicly held corporation owns ten percent or more of its stock.
`
`Microsoft Corporation does not have a parent company, and no
`
`publicly held corporation owns ten percent or more of its stock.
`
`Twitter, Inc. does not have a parent company, and no publicly held
`
`corporation owns ten percent or more of its stock.
`
`Verizon Services Corp. is a wholly owned subsidiary of Verizon
`
`Communications Inc. Verizon Communications Inc. is a publicly held
`
`company, and no corporation owns ten percent or more of the stock of
`
`Verizon Communications Inc.
`
`iii
`
`

`

`
`
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`
`ViiV Healthcare Company is ultimately wholly-owned by
`
`GlaxoSmithKline plc, Pfizer Inc., and Shionogi Limited;
`
`GlaxoSmithKline plc has no parent corporation and the Bank of New
`
`York Mellon, a publicly-traded company listed on the New York Stock
`
`Exchange, holds more than ten percent of the stock of GlaxoSmithKline
`
`plc. Pfizer, Inc. has no parent corporation and no publicly-held
`
`corporation owns ten percent or more of its stock. Shinogi Limited is
`
`wholly-owned by Shinogi & Co., Ltd., a publicly traded company listed
`
`on the Tokyo stock exchange. No publicly-held corporation owns 10% or
`
`more of the stock of Shinogi & Co., Ltd.
`
`iv
`
`

`

`
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`
`TABLE OF CONTENTS
`
`Page
`CORPORATE DISCLOSURE STATEMENT ........................................... i
`TABLE OF AUTHORITIES .................................................................... vi
`INTEREST OF AMICI CURIAE.............................................................. 1
`ARGUMENT ............................................................................................ 3
`I.
`To succeed, businesses must hire and retain people
`from a variety of backgrounds, including a variety of
`racial backgrounds. ................................................................ 4
`A.
`Businesses with diverse individuals and inclusive
`cultures win in the global marketplace. ....................... 5
`Businesses with diverse individuals and inclusive
`cultures win because they attract talented
`individuals from a wider population than other
`businesses. ..................................................................... 7
`Businesses with diverse individuals and inclusive
`cultures win because inclusive teams perform
`better together than the teams in other
`businesses. ................................................................... 13
`Businesses need universities to admit diverse
`individuals and to foster inclusive cultures. ....................... 19
`CONCLUSION ....................................................................................... 26
`ADDENDUM
`CERTIFICATE OF SERVICE
`CERTIFICATE OF COMPLIANCE
`
`B.
`
`C.
`
`II.
`
`v
`
`

`

`
`
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`
`TABLE OF AUTHORITIES
`
` Page(s)
`
`Cases
`Fisher v. Univ. of Texas at Austin,
`136 S. Ct. 2198 (2016) ................................................... 2, 21, 23, 24, 25
`Fisher v. Univ. of Texas at Austin,
`570 U.S. 297 (2013) ......................................................................... 2, 19
`Grutter v. Bollinger,
`539 U.S. 306 (2003) ..................................................... 2, 3, 4, 20, 21, 26
`Regents of Univ. of Cal. v. Bakke,
`438 U.S. 265 (1978) ................................................................... 3, 20, 22
`Students for Fair Admissions, Inc. v. President and Fellows
`of Harvard College,
`397 F. Supp. 3d 126 (D. Mass. 2019) ........................................ 4, 20, 23
`Rules
`Fed. R. App. P. 29(a)(2) ............................................................................. 1
`Other Authorities
`American Indian or Alaska Native, United States Census
`Bureau Glossary, https://tinyurl.com/yach3769 .................................. 8
`Amgen, 2018 Responsibility Highlights Report ............................ 5, 12, 17
`Apple, Inclusion & Diversity, https://tinyurl.com/pt63utw .................... 16
`Applied Materials, 2018 Corporate Social Responsibility
`Report ................................................................................ 12, 18, 23, 24
`Applied Materials, Changes in Diversity 2016-2019 Report .................. 12
`
`vi
`
`

`

`
`
`Case: 19-2005 Document: 151 Page: 9 Date Filed: 05/21/2020 Entry ID: 6340669Case: 19-2005 Document: 00117604851 Page: 9 Date Filed: 06/22/2020 Entry ID: 6347242
`
`Asian American Legal Defense and Education Fund et al. in
`Support of Defendant, Students for Fair Admissions, Inc.
`v. President and Fellows of Harvard College, 397 F. Supp.
`3d 126 (D. Mass. 2019) (No. 14-cv-14176) ............................................ 3
`Asian, United States Census Bureau Glossary,
`https://tinyurl.com/y9p5y25h ................................................................ 8
`Black or African American, United States Census Bureau
`Glossary, https://tinyurl.com/yd4kwtbj ................................................ 9
`Nicholas A. Bowman, College Diversity Experiences and
`Cognitive Development: A Meta-Analysis, 80 Rev. Educ.
`Res. 4 (2010) ........................................................................................ 21
`Bureau of Labor Statistics, U.S. Dep’t of Labor, Employment
`Projections – Civilian Labor Force by Age, Sex, Race, and
`Ethnicity (2019), https://tinyurl.com/y8lnxlov ............................... 9, 10
`Cisco Systems, 2019 Corporate Social Responsibility Report .......... 11, 17
`Nida Denson & Mitchell J. Chang, Dynamic Relationships:
`Identifying Moderators that Maximize Benefits Associated
`with Diversity, 86 J. Higher Educ. 1 (2015) ....................................... 21
`Forbes Insights, Global Diversity and Inclusion: Fostering
`Innovation Through a Diverse Workforce, 2011 ........................... 13, 14
`Paul Gompers & Silpa Kovvali, The Other Diversity
`Dividend, Harv. Bus. Rev., July-Aug. 2018 ......................................... 6
`Hispanic or Latino Origin, United States Census Bureau
`Glossary, https://tinyurl.com/y7j5t6zc .................................................. 8
`Dieter Holger, The Business Case for More Diversity, Wall
`St. J., Oct. 26, 2019 ............................................................................... 6
`William J. Holstein, Diversity is Even More Important in
`Hard Times, N.Y. Times, Feb. 13, 2009 ....................................... 14, 15
`
`vii
`
`

`

`
`
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`
`Sylvia Hurtado, The Next Generation of Diversity and
`Intergroup Relations Research, 61 J. Soc. Issues 595
`(2005) ................................................................................................... 22
`Intel, 2019 – 2020 Report: Corporate Responsibility at Intel ................. 19
`Intel Capital, Intel Capital Diversity Initiative,
`https://tinyurl.com/yb4hsbk5 (last visited May 18, 2020) ................. 10
`Intel, Intel Diversity in Technology Initiative (Dec. 10, 2019),
`https://tinyurl.com/ydfjtex6 ................................................................ 10
`KelloggInsight, Better Decisions Through Diversity, Oct. 1,
`2010 ..................................................................................................... 16
`Joann S. Lublin, New Report Finds a “Diversity Dividend” at
`Work, Wall St. J., Jan. 20, 2015 ........................................................... 6
`Jiali Luo & David Jamieson-Drake, A Retrospective
`Assessment of the Educational Benefits of Interaction
`Across Racial Boundaries, 50 J.C. Student Dev. 67 (2009) ............... 22
`McKinsey & Company, Delivering through Diversity, 2018 .................... 6
`Sarah Mervosh, How Much Wealthier Are White School
`Districts Than Nonwhite Ones? $23 Billion, Report Says,
`N.Y. Times (Feb. 27, 2019), https://tinyurl.com/y5j4mupo ................ 21
`Micron, Diversity, Equality & Inclusion: FY19 Annual Report ............. 18
`Native Hawaiian or Other Pacific Islander, United States
`Census Bureau Glossary, https://tinyurl.com/yaac4m33 ..................... 9
`Nielsen, The Multicultural Edge: Rising Super Consumers,
`2015 ............................................................................................... 13, 14
`Sean F. Reardon & Ann Owens, 60 Years After Brown:
`Trends and Consequences of School Segregation, Ann.
`Rev. Soc. (June 16, 2014) .................................................................... 21
`David Rock & Heidi Grant, Why Diverse Teams are Smarter,
`Harv. Bus. Rev., Nov. 2016 ........................................................... 14, 15
`viii
`
`

`

`
`
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`
`Howard Silverblatt, S&P 500 2018: Global Sales, Aug. 2019 ................. 5
`Stanley F. Slater et al., The Business Case for Commitment
`to Diversity, 51 Bus. Horizons 201 (2008) .................................... 14, 16
`U.S. Census Bureau, Demographic Turning Points for the
`United States: Population Projections for 2020 to 2060,
`Feb. 2020 ....................................................................................... 7, 8, 9
`Verizon, 2019 Environmental, Social, and Governance
`Report, https://tinyurl.com/y9zs4zns ............................................ 17, 24
`
`ix
`
`

`

`
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`
`INTEREST OF AMICI CURIAE
`Amici are some of America’s most successful companies.1 From
`
`long-established companies to those founded recently, from makers of
`
`machines to providers of new technology, and from locations on the
`
`West Coast to the East, amici have come together to support the one
`
`thing that unites all successful companies: talent. A company may have
`
`purpose, may have drive, and may have capability. But without talent,
`
`failure will surely follow.
`
`Talent is everywhere. It is not located exclusively in any one
`
`particular corner of humanity. If universities are not educating a
`
`diverse student body, then they are not educating many of the best. Yet
`
`businesses need even more than just talented individuals. Business is a
`
`team activity. Today’s markets require all to capitalize on the diversity
`
`of others, both inside and outside the business. Accordingly, amici
`
`invest significant resources in programs and practices that encourage a
`
`1 Pursuant to Fed. R. App. P. 29(a)(2), all parties have consented to the
`filing of this brief. No portion of the brief was authored by counsel for a
`party. No party, party’s counsel, or any person other than amici or
`their counsel contributed money intended to fund preparing or
`submitting this brief.
`
`

`

`
`
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`
`diverse group of people to join and stay with their companies, and that
`
`create inclusive cultures where all work together benefiting from each
`
`other’s differences.
`
`To find the next superb employee, amici depend on universities
`
`admitting talented students from all backgrounds, and helping each
`
`student learn how to thrive in a diverse and inclusive setting. And as
`
`the Supreme Court has repeatedly recognized and approved, amici
`
`agree that a university may well conclude that meeting such a crucial
`
`goal, even today, requires a race-conscious, holistic university
`
`admissions program. Indeed, businesses affirmed the importance of
`
`such admissions practices by filing amicus briefs with the Supreme
`
`Court in Fisher v. University of Texas at Austin, 136 S. Ct. 2198 (2016)
`
`(Fisher II), Fisher v. University of Texas at Austin, 570 U.S. 297 (2013)
`
`(Fisher I), and Grutter v. Bollinger, 539 U.S. 306 (2003).
`
`Amici file this brief in support of Defendant-Appellee President
`
`and Fellows of Harvard College to emphasize the continuing importance
`
`to businesses of race-conscious, holistic university admissions practices.
`
`To illustrate how leading businesses depend on their diversity and
`
`inclusion efforts, this brief focuses on the actions of a handful of amici.
`
`2
`
`

`

`
`
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`
`But all the signatories to this brief devote significant resources to
`
`achieve the same critical goals. Amici take no position on Harvard’s
`
`specific policy at issue here. But policies like those approved by the
`
`Supreme Court in Grutter are essential to amici’s ongoing efforts to
`
`attract and benefit from the best possible people.
`
`ARGUMENT
`As the Supreme Court recognized nearly twenty years ago, “the
`
`skills needed in today’s increasingly global marketplace can only be
`
`developed through exposure to widely diverse people, cultures, ideas,
`
`and viewpoints.” Grutter, 539 U.S. at 330. Indeed, “the ‘nation’s future
`
`depends upon leaders trained through wide exposure’ to the ideas and
`
`mores of students as diverse as this Nation of many peoples.” Regents
`
`of Univ. of Cal. v. Bakke, 438 U.S. 265, 313 (1978) (opinion of Powell,
`
`J.); accord Post-Trial Amicus Curiae Brief of the Asian American Legal
`
`Defense and Education Fund et al. in Support of Defendant at 5,
`
`Students for Fair Admissions, Inc. v. President and Fellows of Harvard
`
`College, 397 F. Supp. 3d 126 (D. Mass. 2019) (No. 14-cv-14176)
`
`(students benefit from “interactions with a diverse student body,” and
`
`3
`
`

`

`
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`
`those benefits “continue as students graduate and enter an ‘increasingly
`
`diverse workforce’”).
`
`To prevail in this intensely varied world-wide market, amici must
`
`recruit talented people from diverse backgrounds, and ensure those
`
`people work together inclusively. In amici’s view, the benefits of
`
`diversity are “not theoretical but real.” Grutter, 539 U.S. at 330. In the
`
`absence of workable race-neutral alternatives—as the district court
`
`concluded is the case here, 397 F. Supp. 3d at 200—universities such as
`
`Harvard must be able to employ race-conscious, holistic admissions
`
`practices to create the best recruiting classes for businesses.
`
`I. To succeed, businesses must hire and retain people from a
`variety of backgrounds, including a variety of racial
`backgrounds.
`As more fully described below, the consensus is that businesses
`
`with heterogeneous workforces are more successful than businesses
`
`with homogeneous workforces. Amici’s experiences validate the wisdom
`
`of that consensus. A diverse workforce is a more talented workforce,
`
`because it draws from a broader pool of the population, and it is a more
`
`effective workforce because it brings different perspectives to the
`
`complex problems facing businesses today. But merely knowing these
`
`4
`
`

`

`
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`
`important truths is not sufficient for businesses to assemble diverse
`
`individuals and to create inclusive teams. Accordingly, amici have
`
`adopted specific programs and practices—highlighted infra 10-12, 16-
`
`19, 23-24—to help them achieve these competitive imperatives.
`
`A. Businesses with diverse individuals and inclusive
`cultures win in the global marketplace.
`American companies operate globally in the market for their goods
`
`and services. Applied Materials, for example, has offices and other
`
`facilities in more than 18 different countries; Intel has employees
`
`located in more than 50 different countries; Cisco has 96 locations
`
`around the world; and Amgen has a presence in approximately 100
`
`countries across the globe.2 More generally, in 2018, sales in foreign
`
`countries accounted for 42.9% of sales made by the American companies
`
`included in the S&P 500 index.3
`
`2 As one illustration of the importance of amici’s international presence,
`Amgen is part of a partnership through which it sponsors researchers to
`conduct studies in Cuba, India, Mexico, and Russia and improve
`medical testing in more than 25 countries. Amgen, 2018 Responsibility
`Highlights Report at 11.
`
`3 Howard Silverblatt, S&P 500 2018: Global Sales, Aug. 2019, at 3.
`
`5
`
`

`

`
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`
`In this setting, the economic advantages of having a diverse and
`
`inclusive workforce are borne out in study after study demonstrating
`
`the increased profitability of companies with diverse workforces and
`
`inclusive environments. The shares of the most diverse companies
`
`perform better than the shares of less diverse companies.4 One study
`
`found that companies in the top quartile for “ethnic/cultural” diversity
`
`were 33% more likely to outperform their peers on profitability, while
`
`companies in the bottom quartile were 29% more likely to underperform
`
`their peers on profitability.5 That pattern carried over to the board
`
`level: Companies with the most ethnically/culturally diverse boards
`
`were 43% more likely to experience higher profits than similarly
`
`situated companies with less diverse boards.6 Similarly, according to
`
`4 Dieter Holger, The Business Case for More Diversity, Wall St. J., Oct.
`26, 2019; see also Joann S. Lublin, New Report Finds a “Diversity
`Dividend” at Work, Wall St. J., Jan. 20, 2015 (describing a study finding
`“a statistically significant relationship between companies with women
`and minorities in their upper ranks and better financial performance”).
`
`5 McKinsey & Company, Delivering through Diversity, 2018, at 13-14.
`
`6 Id. at 13.
`
`6
`
`

`

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`
`another study, venture-capital firms with a diversity of investment
`
`partners have higher-performing investments than less diverse firms.7
`
`Amici agree that a diverse and inclusive workforce is a significant
`
`competitive advantage. As detailed below, amici are committed to the
`
`actions that make it possible to achieve and sustain such a workforce.
`
`B. Businesses with diverse individuals and inclusive
`cultures win because they attract talented individuals
`from a wider population than other businesses.
`Diverse workforces outperform their homogeneous counterparts
`
`because of the better talent present in the diverse workforces.
`
`Companies that effectively limit their talent search to just one type of
`
`person will fail to recruit the most talented people. That is how a
`
`company fails to evolve and keep pace in a global marketplace.
`
`Minority populations are growing significantly faster than non-
`
`minority populations.8 Indeed, the non-Hispanic White population is
`
`7 Paul Gompers & Silpa Kovvali, The Other Diversity Dividend, Harv.
`Bus. Rev., July-Aug. 2018.
`
`8 U.S. Census Bureau, Demographic Turning Points for the United
`States: Population Projections for 2020 to 2060, Feb. 2020, at 6-7.
`
`7
`
`

`

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`
`expected to be just 44.3 percent of the American population by 2060,9
`
`with the group of people who are two or more races expected to grow by
`
`200 percent in that time.10 By 2060, the “Asian”11 population in the
`
`United States is expected to have doubled, the “Hispanic”12 population
`
`to have nearly doubled, and the “American Indian and Alaska Native,”13
`
`9 This brief uses the language in the relevant cited source to label
`different racial and ethnic groups.
`
`10 U.S. Census Bureau, Demographic Turning Points, supra note 8, at 3,
`7.
`
`11 As used in the census, “Asian” is an expansive term that refers to “[a]
`person having origins in any of the original peoples of the Far East,
`Southeast Asia, or the Indian subcontinent, including, for example,
`Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the
`Philippine Islands, Thailand, and Vietnam.” Asian, United States
`Census Bureau Glossary, https://tinyurl.com/y9p5y25h.
`
`12 The census uses “Hispanic” to mean “a person of Cuban, Mexican,
`Puerto Rican, South or Central American, or other Spanish culture or
`origin regardless of race.” Hispanic or Latino Origin, United States
`Census Bureau Glossary, https://tinyurl.com/y7j5t6zc.
`
`13 The census uses “American Indian or Alaska Native” to mean “[a]
`person having origins in any of the original peoples of North and South
`America (including Central America) and who maintains tribal
`affiliation or community attachment.” American Indian or Alaska
`Native, United States Census Bureau Glossary,
`https://tinyurl.com/yach3769.
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`“Black or African American,”14 and “Native Hawaiian and Other Pacific
`
`Islander”15 populations to each have increased by approximately 40
`
`percent. What is more, the country’s foreign-born population is
`
`expected to increase from 44 million in 2016 (14 percent of the
`
`population) to 69 million in 2060 (17 percent of the population).16
`
`For these reasons, America has an increasingly racially diverse
`
`labor force. The growth rate of White non-Hispanic men and women in
`
`the civilian labor force is expected to decrease from 2018 to 2028, just as
`
`it did from 2008 to 2018.17 By contrast, the growth rate of men and
`
`14 The census uses “Black or African American” to mean “[a] person
`having origins in any of the Black racial groups of Africa.” Black or
`African American, United States Census Bureau Glossary,
`https://tinyurl.com/yd4kwtbj.
`
`15 The census uses “Native Hawaiian or Other Pacific Islander” to mean
`“[a] person having origins in any of the original peoples of Hawaii,
`Guam, Samoa, or other Pacific Islands.” Native Hawaiian or Other
`Pacific Islander, United States Census Bureau Glossary,
`https://tinyurl.com/yaac4m33.
`
`16 U.S. Census Bureau, Demographic Turning Points, supra note 8, at 3-
`4.
`
`17 Bureau of Labor Statistics, U.S. Dep’t of Labor, Employment
`Projections – Civilian Labor Force by Age, Sex, Race, and Ethnicity,
`tbl.3.1 (2019), https://tinyurl.com/y8lnxlov.
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`women who are Black, Asian, or of Hispanic origin in the labor force is
`
`expected to increase during the same period.18
`
`Amici need a workforce composed of the most talented people, and
`
`must assemble that workforce in the context of these population and
`
`demographic trends. They are doing so. For example, in January 2015,
`
`Intel announced its “Diversity in Technology” initiative. It pledged to
`
`achieve full representation of underrepresented minorities and women
`
`in Intel’s U.S. workforce by 2020 (and accomplished its goal in 2018,
`
`two years early) and committed $300 million to support diversity and
`
`inclusion across the technology industry.19 And in June 2015, Intel’s
`
`venture capital arm, Intel Capital, launched the “Intel Capital Diversity
`
`Initiative” to invest in technology companies led by women and
`
`underrepresented minorities. As of September 2019, Intel Capital had
`
`invested $381 million in companies led by diverse teams.20 Intel’s
`
`commitment to diversity is ongoing: It aims to increase the presence of
`
`18 Id.
`
`19 See Intel, Intel Diversity in Technology Initiative (Dec. 10, 2019),
`https://tinyurl.com/ydfjtex6.
`
`20 See Intel Capital, Intel Capital Diversity Initiative,
`https://tinyurl.com/yb4hsbk5 (last visited May 18, 2020).
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`women in technical roles and increase the number of women and
`
`underrepresented minorities in senior leadership by 2030.
`
`Similarly, Cisco has developed a “Diverse Talent Accelerators
`
`Initiative.” The program comprises a suite of digital solutions to find,
`
`attract, and hire diverse talent, where diversity encompasses gender,
`
`ethnicity, race, orientation, age, ability, veteran status, and religion.
`
`Those solutions include “Smart Insights” to support diversity
`
`opportunities; “Smart Start” to write job postings that mitigate bias;
`
`“Smart Tracker” to identify the best places to find diverse talent; and
`
`“Smart Select” to assemble diverse interviewer panels, which mitigates
`
`bias and increases the likelihood of hiring diverse talent. More than
`
`14,000 Cisco leaders and Human Resources employees are equipped to
`
`use Diverse Talent Accelerators when making hiring decisions. Cisco
`
`Systems, 2019 Corporate Social Responsibility Report at 40 (“Cisco CSR
`
`Report”). As a result of its Diverse Talent Accelerators program, Cisco
`
`has successfully increased the representation of employees who identify
`
`as women, “African American/Black,” and “Hispanic/Latino.” Id. at 40-
`
`41.
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`And Amgen has set goals to increase the presence of
`
`underrepresented minorities in scientific positions and executive roles
`
`nationally, and to increase the representation of women in management
`
`and executive roles worldwide. Amgen, 2018 Responsibility Highlights
`
`Report at 26. Likewise, Applied Materials has set goals to increase the
`
`representation of underrepresented minorities and women in its
`
`workforce. To achieve those goals, Applied Materials launched a
`
`Culture of Inclusion Initiative in 2019, which involves: (1) engaging
`
`leaders as “champions of change”; (2) identifying and breaking down
`
`systemic barriers to inclusion; and (3) operationalizing inclusion in all
`
`aspects of talent management. An important dimension of Applied’s
`
`program is transparency and accountability, in particular tracking
`
`progress by using qualitative and quantitative metrics and providing