A Framework For Merit-Based Hiring

Merit, Excellence, and Intelligence (MEI) as a framework for hiring might just be the Human Resources trend of 2025. At the same time, DEI frameworks across the country are being torn up and thrown out. While we can certainly see that some DEI implementations have missed the mark, we think it’s a false dichotomy to say that merit-based hiring and hiring for a diverse, equitable, and inclusive workforce can’t be the same thing. And we hope that companies can embrace both to see improved innovation, stronger financial performance, easier access to broader markets, and better decision-making.  

The Co-Existence of DEI and MEI 

There’s a host of compelling data to show that companies with greater ethnic and cultural diversity outperform similar companies with less diverse boards, by an average of 36% in terms of profitability. This wouldn’t happen if the ‘diverse’ hires were not meritorious. 

However, there have been significant issues with how DEI frameworks have been positioned and implemented at many, if not most, companies. DEI hasn’t been positioned as something that is a benefit for everyone. It is typically framed as a policy that facilitates promotions for workers who are not white men. Of course this would be frustrating for white, male workers.    

Instead, it may be helpful to remove inflammatory language (which both DEI and MEI may fall into for your employees),and focus on developing criteria for hiring and promotion that remove barriers for all workers to advance in their careers, regardless of their ethnicity, culture, disability, gender, or other characteristics.  

In other words, whether your company chooses to water down, eliminate, or embrace its DEI policies, we think it’s wise to embrace performance-based hiring and promotion guidelines if you want to reap the business benefits of a diverse team of high performing workers.  

Developing Structured Hiring and Promotion Guidelines 

Here are examples of what this might look like in your organization:  

Hiring Guidelines 

These guidelines can help you to reduce bias and promote merit-based hiring:  

• Blind resume removes 

• Work sample evaluations (ideally from a diverse board) 

• Structured interview scoring 

• Diverse panel interviews  

• Scoring based on deliverables already demonstrated (instead of tenure) 

• Introducing Time-To-Competency benchmarking and performance metrics after hiring. 

Promotion Guidelines 

The following metrics and guidelines can help you to promote based on merit:  

• Performance over time 

• Objective performance metrics 

• Leadership readiness rubric and scoring 

• Cross-functional experience and success scoring 

• Stakeholder panel feedback ratings (360 degree coverage) 

• Range of contributions scoring 

• Promotion success rate (for the company more broadly). 

You can learn more about the legal context of employee advanced policies in our earlier piece.  

Action Steps For Business Leaders 

To better develop your performance and merit-based hiring and promotion frameworks, business leaders can:  

1. Assess current hiring and promotion practices, focusing on any current trends in hiring and/or promotions – especially if promotions or new hires aren’t performing at the expected levels.  
2. Train managers and supervisors to set measurable outcome-based workloads to allow for better assessment of current performance.  
3. Implement transparent evaluation criteria for hiring and promotions.  
4. Require multiple team members to approve hires, especially at the managerial level and above.  
5. Consider continuous employee feedback for managers, supervisors, and other business leaders.  

As always, be wary when using AI tools to make hiring and promotion decisions since these have been a priority for the Equal Employment Opportunity Commission. 

If you need help with your employee policies, reach out. Our employment attorneys are available to assist.  

• Employment Law
• Thought Leadership