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DEI and Merit Are Not Opposites—They’re Partners

dei in government federal employment merit-based hiring public trust workplace diversity Aug 14, 2025
 

In 1960, about 96% of U.S. lawyers were white men. Women made up less than 5% of the profession, and Black lawyers numbered only in the low thousands nationwide. That wasn’t because talent was lacking—it was because the door was closed to most of the country. Over decades, widening access led to stronger law schools, more competitive hiring, and higher-quality legal work. Progress has been real, but the pipeline still isn’t equally open, especially at leadership levels.

DEI Expands the Field for High Performers

When people think of diversity, equity, and inclusion (DEI), they often imagine quotas or lowered standards. The truth is the opposite: DEI raises the bar. By recruiting broadly, evaluating fairly, and removing bias that hides talent, you get more highly qualified candidates—and tougher competition for everyone. That’s merit. The federal government, which must recruit the best from across the nation, can’t afford to ignore that advantage.

Diversity Improves Decision-Making

Research shows diverse teams catch more errors, bring in wider perspectives, and deliver better outcomes. In business, leadership teams with more racial and gender diversity are more likely to outperform their peers. In law and government, diversity correlates with stronger analysis, improved accuracy, and better service delivery—because teams that mirror the communities they serve make better decisions for those communities.

Public Trust Depends on Representation

A diverse bench, bar, and federal workforce signal that opportunity is real and that decision-making bodies understand the communities they serve. Public confidence in courts and agencies rises when the people inside them reflect the nation’s demographics. In government service, that trust is essential to legitimacy and effectiveness—it’s not just a “nice to have.”

Practical Steps Toward Fairer Hiring

Effective DEI isn’t about preference—it’s about process. Agencies can:

  • Open the pipeline through paid internships, returnships, and clerkships accessible to all.

  • Use structured hiring with clear rubrics tied to real job skills.

  • Increase accountability by tracking and publishing aggregate hiring and promotion data.

  • Invest in mentorship that leads to tangible opportunities.

  • Staff for service by ensuring teams reflect the communities they serve.

The Bottom Line for Federal Employees

DEI is not anti–white man. It’s anti–closed door. It’s anti–nepotism. It’s about ensuring that your work—not your network—determines your success. The “small circle” hiring model of the past excluded talent and eroded trust. The federal workforce is strongest when it puts the best people on the field, no matter where they started. That’s not a compromise on merit—it’s the definition of it.

 

Legal Disclaimer: The information provided in this article is for informational purposes only and should not be construed as legal advice. While I am a federal employment attorney, this post does not create an attorney-client relationship. Every situation is unique, and legal outcomes depend on specific facts and circumstances.

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