Press Release
Recent regulatory developments, including Executive Orders and increased enforcement activity from the U.S. Department of Justice and the U.S. Equal Employment Opportunity Commission, have placed greater focus on how organizations communicate Diversity, Equity, and Inclusion (DEI) initiatives. Federal contractors have added pressure to avoid any perception of discriminatory DEI programs once subject to new FAR Clause 52.222-90.
For many employers, the goal is not to eliminate these programs, but to ensure they are communicated and implemented in a way that aligns with federal non-discrimination requirements and avoids unintended risk.
Public-facing materials, particularly website career-related sections and corporate responsibility (ESG/DEI) reports, are a key area of focus. These materials are often reviewed in connection with audits, certifications, employee complaints, or litigation. In many cases, risk comes down to how content is interpreted and whether messaging is consistent across platforms.
A Practical Review Framework
When reviewing content, apply a consistent lens:
- Audience: Who may review this (applicants, employees, regulators)?
- Access: Are programs clearly open to all employees? If not, is eligibility job-related and separated from membership in any protected demographic category?
- Criteria: Are decisions described as objective and job-related?
- Alignment: Does public messaging match internal practices and documentation?
Where to Focus
- Corporate Responsibility Reports: Review workforce data, narratives, and archived reports for consistency and context.
- Program Framing and Eligibility: Ensure initiatives are described in business terms and based on objective, merit-based criteria.
- Website and Recruiting Content: Align language across careers pages, ERG descriptions, marketing, and outreach messaging.
Most organizations can reduce risk through targeted updates to language, framing, and documentation. A consistent, business-focused approach allows employers to maintain their programs while aligning with current expectations.
To assist you in this review, HR Works has prepared a Public-Facing Review Checklist, available for free download.
The checklist identifies which publications to review and what content areas could be problematic. It supports an assignment of risk level to each content area based on your review and enables you to track any follow-up actions deemed appropriate.
Contact us if you would like HR Works to conduct a customized review of your organization’s public-facing materials or a broader DEI risk assessment.
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