Hiring, Firing & Fairness: Are You Covered?

Reverse discrimination isn’t just a buzzword—it’s an emerging risk.

The rules are shifting—and many employers don’t even realize it. Under the current administration, the EEOC has begun asking employers some surprising questions during investigations. Even when a charge has nothing to do with hiring or promotions, employers are being asked to provide data regarding white males and how many have been hired, fired, or promoted over the past few years.  

Yes, you read that right. 

I suspect that the EEOC is seeking to identify potential reverse discrimination, particularly as it relates to DEI initiatives that may have unintentionally created new forms of bias.  

So what does that mean for you? In short: be ready at any time. Seems easy, right?  

Good news, we have your back! Here are a few areas to tighten up: 

1. Internal Job Postings Need Structure 

If you’re still handling internal promotions informally—think again. Job opportunities should be posted in a consistent and trackable way. If only certain employees are hearing about openings, that can raise red flags.

2. Promotions Require Documentation

Who gets promoted and why? You’ll want a clear, consistent process with documented criteria and written justifications. It’s not about defending your decisions later—it’s about being able to prove fairness now.

3. Termination Files Must Be Solid

Whether someone’s been missing the mark for months or had one big slip-up, your paperwork should tell the full story. That means keeping track of any warnings, performance reviews, and final write-ups. It’s not about being overly formal—it’s about having a clear record that shows you handled things fairly and consistently. If you ever need to explain the decision, your documentation should speak for itself.

4. Applicant Records Are Essential

Keep a record of who applied, who was interviewed, and why someone was (or wasn’t) selected—even if the issue at hand isn’t about hiring. The EEOC is asking for this data more often, and it’s catching employers off guard. Yes, it can feel like extra work—but a quick note in a spreadsheet or applicant tracking system can make all the difference. You don’t need a novel, just a sentence or two that shows your decisions were fair and job-related.

5. DEI Still Matters—But Strategy Matters More

DEI isn’t going anywhere—but it is under the microscope. What started as a push for more inclusion is now being closely examined to make sure it’s fair to everyone. The key? Focus on creating opportunities and removing barriers without tipping too far into “preference” territory. Your DEI efforts should support all employees, not just certain groups. With a little fine-tuning, you can keep your values strong and stay in the clear legally. 

Bottom line? Even if you don’t think you’re under the microscope, the EEOC might. Treat every hire, promotion, and termination like it could be reviewed tomorrow—because it just might be. 

Need help auditing your process or updating your documentation? I’m here for that.

Or, checkout The People Playbook for resources for termination checklists, Interview Guides, and more. Let’s get ahead of this, together.