Employer branding for inclusive hiring

The most credible way to show your commitment to inclusive hiring is to publish facts and run a process that backs them up. State that you hire without discrimination, show your pay and benefits, make your hiring steps accessible and describe your team as it really is. Do not make promises about who you will hire, and do not claim more than you do. In 2026 that discipline matters more than before, because federal regulators are looking closely at how employers describe and run their hiring programs.

Be factual, not performative

Candidates can tell the difference between a statement and a practice. A page full of values and stock photos with no pay range, no accommodations contact and an all-same interview panel reads as marketing. Specific, checkable details build trust:

• “Every candidate for this role gets the same interview questions and is scored against the same criteria.”
• “Our pay range for this role is [range].”
• “Tell us what you need to do your best in the interview, such as extra time or a different format, and we will arrange it.”

Say what you do, say what you are still working on, and avoid superlatives like “best place” or “fully inclusive”.

What to publish

An equal opportunity statement

Put a short statement on your careers page and in job posts. It should say that you consider qualified applicants without regard to characteristics protected by applicable law, and that you will provide reasonable accommodations. Avoid copying a statement you do not understand; have it match your practice.

[Company] is an equal opportunity employer. We consider all qualified applicants without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age, disability, veteran status or any other characteristic protected by law. If you need an accommodation at any stage of our hiring process, email [address] and we will work with you.

Check the protected characteristics for the places you hire in; they vary by state and city. A lawyer or your PEO can confirm the wording.

Benefits and policies

List what you actually offer: health coverage, parental leave, flexible schedules, remote policy, time off and any support such as learning budgets. People of every background care about these. See the sample benefits page for a structure.

Pay transparency

Publishing pay ranges is both an inclusion practice and, in a growing number of states, a legal requirement. Cooley’s overview of new state pay transparency laws describes recent additions, and compensation requirements for job postings covers the rules. Thresholds and rules differ by state, so check the ones where you hire or where candidates live.

An accessible hiring process

Describe each stage, who the candidate will meet and how long it takes. Offer interview formats and accommodations upfront, make sure your application form works with screen readers and keyboards, and share interview questions or topics ahead of time where it fits. See interviewing diverse candidates for how to run the interviews themselves.

Inclusive job descriptions

Use plain language, keep requirements to what the job needs and avoid wording that signals a type of person, or states a preference for or against one. See how to write a job description, including its section on legal wording.

Honest team stories

Let employees speak in their own voices, with their consent. Feature the work and the people rather than a checklist of identities. Do not ask people to represent a group, and do not use photos of people who do not work for you.

What not to claim or do

• Do not promise preferences. “We prioritize hiring [group]” or a target that implies a thumbs-on-the-scale selection decision creates legal risk in the US.
• Do not overstate. Do not call your process unbiased or claim a diverse team if you cannot show it.
• Do not publish numbers you cannot support. If you share demographic data, make it accurate, current and clearly explained, and collect it voluntarily.
• Do not limit opportunities by trait. Mentorship, internships, fellowships, networking events or interview slates that exclude people because of a protected characteristic are risky. Open them to everyone who meets neutral criteria.
• Do not ask candidates to share protected information in the application, and keep interviewers away from questions about it.
• Do not copy another company’s statement without checking that you follow it.

Check that your messaging matches your practice

Law-firm commentary on the EEOC’s 2026 enforcement plan advises employers to compare what they say publicly with what they actually do, and to review recruiting materials, programs and older web content (Morgan Lewis). Do that review once, then each time you change a program.

1. List where you describe your hiring. Careers page, job posts, social profiles, blog posts, press, employee handbook, recruiting decks and interview guides.
2. Compare each claim with what happens. If a page says every candidate gets the same process, check that they do.
3. Look for preference language. Remove wording that gives or promises an advantage based on a protected characteristic.
4. Check who each program is open to. Employee groups, mentorship, internships and events should be open to everyone who meets neutral criteria.
5. Fix or remove what does not match. Update older pages and posts, or take them down.
6. Ask an employment lawyer to review the result, especially if you are a federal contractor, are in a regulated industry or hire in states with their own rules.

Where the law stands in the US today

This is not legal advice, and the details are changing. The core has not moved: Title VII of the Civil Rights Act prohibits employment decisions based on race, color, religion, sex or national origin, and other federal and state laws cover age, disability and more. Recent developments, in order:

• January 2025: Executive Order 14173 revoked the federal contractor affirmative action order and directs agencies to discourage private-sector DEI practices they consider illegal. It does not change Title VII itself. See the Federal Register text.
• March 2025: the EEOC and the Department of Justice issued guidance saying DEI-related programs and practices can be unlawful when employment actions are motivated in whole or in part by protected characteristics. Read the EEOC and DOJ announcement. Commentary on it advises opening mentorship, training and employee group programs to everyone (Goodwin).
• June 2025: the Supreme Court held unanimously in Ames v. Ohio Department of Youth Services that people in majority groups face the same standard as everyone else when they bring Title VII discrimination claims. See the Jones Day summary.
• July 2025: the DOJ issued non-binding guidance for recipients of federal funding on practices it views as unlawful discrimination. See Cooley’s summary.
• February 2026: the EEOC took enforcement actions that practitioners read as signals, including a subpoena enforcement action in its investigation of one company’s DEI practices and a lawsuit over a networking event that excluded men (Arent Fox Schiff).
• June 2026: the EEOC issued a new National Enforcement Plan that law-firm summaries say names DEI-related race and sex discrimination as its top priority (SHRM, Morgan Lewis). Commentary also says the agency will no longer pursue disparate impact cases, while state and local obligations have not changed.

These are mostly secondary summaries, so read the primary documents or ask counsel before you act on specifics.

The practical takeaway is simple. Outreach, fair process, structured interviews, accessible steps and transparent pay are lawful and good hiring. Selection decisions based on protected characteristics are not. Federal contractors, regulated industries and companies in states with their own rules should get advice from an employment lawyer before launching any program. Outside the US, rules differ, so check the law where you hire.

A short checklist

INCLUSIVE HIRING BRAND CHECKLIST

[ ] EEO statement on careers page and in job posts (reviewed by counsel)
[ ] Accommodations contact in every job post and interview invite
[ ] Pay range in each post where required or where we choose to
[ ] Benefits and policies listed accurately
[ ] Hiring stages and timing described
[ ] Same structured questions and scorecard for every candidate
[ ] Application form works with keyboard and screen reader
[ ] Team stories reviewed and approved by the people featured
[ ] No claims or numbers we cannot support
[ ] No preferences or quotas in selection decisions
[ ] Programs, groups and events are open to everyone who meets neutral criteria
[ ] Public messaging reviewed against what we actually do, including older pages
[ ] Employment lawyer has reviewed our wording and programs

Frequently asked questions

Is it legal to talk about diversity and inclusion in employer branding?

Yes, as long as you are not giving or promising preferences based on protected characteristics such as race or sex in hiring decisions. Describing equal opportunity, a fair process and accessible hiring is generally safe. In 2026 the EEOC lists DEI-related discrimination as a top enforcement priority, so have an employment lawyer review specific programs and wording.

What should an equal opportunity statement say?

That you consider all qualified applicants without regard to protected characteristics under applicable law, and how a candidate can request an accommodation. Keep it plain and make sure your practice matches it.

Should we publish diversity numbers?

Only if they are accurate, current and explained, and never as a target that implies a preference in hiring. Publishing numbers is optional for most employers. Do not publish figures you cannot support.

Can we still have employee resource groups, mentorship programs and internships?

Federal guidance says to make them open to everyone who meets neutral criteria, so that no one is excluded because of a protected characteristic. Groups built around shared interests or experiences can continue. Check eligibility rules and ask counsel about specific programs.

Should we remove diversity language from our website?

Not necessarily. Review it. Keep statements that are factual and match what you do, such as equal opportunity, accessibility and pay ranges, and remove language that promises preferences or claims more than you can show. Check your older pages and posts too.

What is the difference between inclusive hiring and quotas?

Inclusive hiring widens who sees and can succeed in your process through open sourcing, structured interviews and accessible steps. Quotas or preferences based on protected traits in selection decisions create legal risk in the US.