If you want to understand the difference between legal and illegal DEI, here’s what illegal looks like.
From The Hollywood Reporter: “CBS Studios has settled a lawsuit from a script coordinator for SEAL Team, who accused parent company Paramount of carrying illegal diversity quotas that discriminate against straight white men.”
In the lawsuit, Brian Beneker alleged he was denied a job after Paramount implemented an “illegal policy of race and sex balancing” that prioritized hiring less qualified applicants who identified as minorities, LGBTQ+, or women.
Here’s the legal reality — Quotas and preferences based on protected characteristics are unlawful. Title VII requires that employers hire the most qualified person for the job, regardless of race, sex, or any other protected trait.
But what if you want to improve representation of marginalized groups in your workplace, and do it legally?
Thankfully, the EEOC (yes, the same agency now leading the charge against so-called “illegal DEI’) has long offered guidance.
From the EEOC’s 2006 Compliance Manual on Race and Color Discrimination: “Title VII permits diversity efforts designed to open up opportunities to everyone. For example, if an employer notices that African Americans are not applying for jobs in the numbers that would be expected given their availability in the labor force, the employer could adopt strategies to expand the applicant pool of qualified African Americans, such as recruiting at schools with high African American enrollment.”
Think of it this way: your hiring process is a funnel.
- At the top? All the people who hear about your job and might apply.
- The middle? Those who actually apply and are qualified.
- The bottom? Where hiring decisions are made.
Now suppose you notice that very few Black candidates are entering the top of your funnel, despite being well-represented in the qualified labor force. That might indicate a blind spot in your recruiting. Maybe your ads aren’t reaching the right communities, or your brand isn’t resonating.
Title VII allows you to address this — legally and inclusively — by widening the top of your funnel.
- Recruit at HBCUs.
- Advertise in community publications.
- Partner with organizations that support candidates of color.
These efforts don’t give anyone a hiring preference based on race. They simply broaden access so that more qualified people of all backgrounds and traits can hear about and can compete for your jobs.
The goal is equal opportunity to enter the funnel. After that, it’s about qualifications, not quotas. And the more diverse your applicant pool, the better chance a diverse candidate is the most qualified.
DEI done right isn’t about tilting the scale; it’s about making sure everyone gets to stand on it.
When your hiring process invites everyone in, your talent pool deepens, your decisions improve, and your workplace gets stronger. That’s still legal — no matter what the Trump administration says to the contrary.
