Merit thrives under evidence-based DEI practices and disparate impact protections

Abstract Meritocracy is a central ideal in American workforce management, yet systemic biases and structural barriers often undermine its implementation. Executive orders (EO) 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity, and 14281, Restoring Equality of Opportunity and Meritocracy, aim to reinforce meritocratic principles by eliminating diversity, equity, and inclusion (DEI) initiatives and disparate impact protections. However, these orders operate under the flawed assumption that a meritocracy will naturally emerge without intervention, disregarding evidence that superfluous factors outside merit impact organizational decisions. This policy brief argues that evidence-based DEI practices and disparate impact protections are not antithetical to meritocracy but are, in fact, necessary for its achievement. We discuss the implications of these EOs, focusing on how they may harm employee and organizational functioning and undermine the very principles they seek to uphold. Finally, we propose actions I-O psychologists can take, including issuing unified definitions of key terms, setting standards of practice for improving merit-based decision making, publicizing the broad utility of DEI initiatives and disparate impact protections, and advancing related research. These recommendations offer a path to uphold fairness and excellence in workforce management.