Fair Employment Practices: Review Decisions, Not Just Policies

A written commitment to fair employment practices matters. But the way hiring, promotions, and professional-development opportunities operate can tell a different story. 

Accenture’s recent $25 million settlement with DOJ illustrates why employers should examine the decisions behind their policies. The allegations concerned the use of race and sex in employment practices while certifying compliance with anti-discrimination requirements tied to federal contracts. Accenture denied the allegations, and the settlement does not establish liability. 

Separate measurement from decision-making 

Tracking workforce demographics is different from allowing protected characteristics to influence who receives an opportunity. 

According to the DOJ allegations described by SHRM, demographic targets and color-coded reports influenced hiring and promotion practices. The government also questioned eligibility restrictions in certain mentoring, training, and leadership-development programs. These remain allegations, but they identify practical areas employers can review. 

Start with five review areas 

Area Question to Ask What to Examine Hiring Are candidates evaluated against consistent, job-related criteria? Interview scorecards, selection instructions, and exceptions. Promotions Do documented qualifications support advancement decisions? Promotion criteria, review materials, and decision records. Development Who can access mentoring, training, and sponsorship? Eligibility requirements and how employees are selected. Workforce Metrics Do reports describe the workforce—or direct individual decisions? Dashboards, targets, manager instructions, and incentives. Certifications Do actual practices support compliance statements? Federal-contract certifications and the review behind them.

Look beyond the formal policy 

A policy may describe neutral selection criteria while informal instructions encourage managers to make decisions differently. Review the materials people actually use: 

• interview guides 

• promotion presentations 

• eligibility forms 

• and manager communications 

For example,  a leadership program may use experience and demonstrated skills as its published criteria. A separate instruction directs managers to reserve places based on a protected characteristic. The review should address that instruction; not stop at the published criteria. The goal is to ensure that access to opportunities reflects lawful, consistent standards. SHRM’s analysis notes that employment discrimination concerns extend beyond hiring to compensation, promotions, training, mentoring, and other terms of employment. 

Federal contractors have an additional concern 

Federal contractors should coordinate HR, legal, and contracting reviews. The settlement involved allegations under the False Claims Act, which creates a separate concern when the government contends that a contractor’s compliance certifications conflict with its practices. 

This does not make every demographic report unlawful. It does make the use of those reports—and the accuracy of certifications—important areas for qualified legal review. 

Turn the review into action 

• Identify who approves hiring, promotions, and development-program eligibility. 

• Compare written criteria with the instructions and tools used in practice. 

• Review exceptions and how they are documented. 

• Ask counsel to assess protected-characteristic restrictions or decision criteria. 

• Confirm that changes reach managers and program administrators. 

Fair employment practices depend on consistent decisions. We encourage you to examine how opportunities are awarded and whether the supporting documentation matches your organization’s stated standards.