Pfizer Ruling Threatens Legal Tactic Behind Diversity Challenges

Pfizer Inc.‘s recent victory over a conservative group’s legal challenge to the pharmaceutical giant’s diversity fellowship has the potential to undercut a legal strategy often used by organizations attacking such programs in court.

The US Court of Appeals for the Second Circuit held that Do No Harm, an advocacy group of health-care professionals, students, and policymakers, couldn’t sue Pfizer because it didn’t identify by name at least one member who allegedly was harmed by the company’s fellowship.

Since the US Supreme Court’s decision curtailing the use of race as a factor in college admissions, organizations increasingly have filed suits ...