merit-based hiring

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Is DEI Illegal Now: Part II – Is the EEOC’s Anti-DEI Messaging at Odds with Its Title VII Enforcement?

By / 2.23.2026 / No Comments

Recent statements from EEOC leadership have characterized certain corporate diversity, equity, and inclusion (DEI) practices as potentially “unlawful” under Title VII, prompting employers to question whether previously supported practices have become illegal overnight. However, while political rhetoric has shifted, the EEOC continues to litigate and conciliate traditional race and sex discrimination cases under Title VII, often resulting…
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Is DEI Illegal Now: Part I – How Can Employers Compete for Talent Without Violating Title VII?

By / 2.13.2026 / No Comments

Conflicting signals from federal agencies have prompted some employers to scale back or suspend DEI-related initiatives out of fear that such programs may be considered “illegal.” However, overcorrecting in this direction creates its own set of risks, especially under Title VII, which continues to prohibit discrimination based on race, sex, disability, national origin, age, and other…
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What Is Merit-Based Hiring and Does It Work?

By / 9.24.2025 / No Comments

Definition of Merit-Based Hiring Merit-based hiring is a recruitment strategy that focuses on selecting candidates based solely on their skills, experience, qualifications, and performance rather than personal characteristics or biases. In simple terms, when companies adopt hiring based on merit, they prioritize measurable factors like job competency, test scores, and work history over subjective elements…
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DOJ Releases Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination

By / 7.31.2025 / No Comments

On July 30, 2025, the U.S. Department of Justice (DOJ) released long-anticipated guidance clarifying what federal law requires and prohibits when it comes to workplace diversity, equity, and inclusion (DEI) initiatives. While some may have expected a sweeping overhaul, the DOJ’s message was straightforward: employment decisions must be rooted in merit-based criteria, not identity-based preferences. …
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DOJ’s Case Against Epik Solutions Signals a Wake-Up Call for Federal Contractors in the EO 14173 Era

By / 6.18.2025 / No Comments

The U.S. Department of Justice (DOJ) sent a clear message with its announcement of a settlement with Epik Solutions, a California-based technology recruiting firm. The company was found to have violated the Immigration and Nationality Act (INA) by unlawfully preferring foreign H-1B workers over qualified U.S. applicants, a discriminatory practice that cost the firm nearly…
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