Diversity, Equity and Inclusion, or DEI imposes discrimination with the goal of overcoming discrimination. Martin Luther King said “judge by character not color.” I don’t think he would have approved of DEI as it is used today. DEI is not only illogical; its continued use is now legally “tricky”. In 2024 decisions made by the US Supreme Court in Muldrow v. City of St. Louis and Starbucks Corporation v. McKinney, use of DEI in people selection was made complicated.
The better option to DEI, and I maintain complies with MLK’s focus on character, is selection based on competency. Competency based selection is also fair – and has survived legal challenge. To implement:
- Set standards,
- Train to those standards,
- Ensure standards are uniformly and objectively applied in selection, and
- If ending a communicated DEI program, make your reasoning clear.
Sounds easy and fair doesn’t it? It is. Over decades of running HR operations, I have been involved in hiring thousands – and at all levels. Though occasionally having to respond to a challenge by an employee or applicant – not one time did the DOL, EEOC, or any state agency overrule candidate selection processes or conclusions I was involved in.
KeystoneHR has a number of policies available for instantaneous delivery that focus on uniformly applied, objective placement criteria. A few of those, which are also HR Best Practices, include:
- Employee Requisition Policy and Form (SKU MC69)
- Final Interview and Making the Offer (SKU DK79)
- Job Opportunities Posting Policy (SKU DK95)
- Job / Position Description Policy (SKU MC70)
- Recruiting Job Candidates (SKU MC71)
KeystoneHR offers Best Practices’ focused HR and related policies and documents, training, consultation, and project work. With over 40 years of progressive HR experience in Fortune 500 companies and upper-end LLC’s, our team is poised to help. See our website – KeystoneHR.info. KeystoneHR – Best-in-Class helping Best-in-Class.
