Employment Practices and Training Checklist

Although the checklist focuses on the protected characteristics of race, color, national origin, and sex, federal and state laws and University policies provide similar protections for other protected characteristics. For questions regarding how federal and state laws and University policies apply to other protected characteristics (creed, religion, citizenship, pregnancy, age, marital status, sexual orientation, gender identity or expression, genetic information, disability, or veteran status), please consult with your unit’s designated UWHR human resources consultant: Contact Us – Human Resources.

Revised: November 2025
This checklist will be reviewed periodically and updated as needed.

Question 1 – Employment Practices, Generally

Do all unit employment practices (recruiting, hiring, compensation, career advancement and development opportunities, and other terms, conditions or privileges of employment) refrain from using race, color, national origin, or sex as a factor in any way?

Employment practices must be based on job-related criteria and generally not consider an individual’s protected characteristics. Practices that favor or disadvantage individuals based on race, color, national origin, or sex—even for the purpose of supporting or advancing diversity—are not permissible.

Permissible:

Employment practices that do not use race, color, national origin, or sex as a criterion in any form and that do not directly or indirectly favor or disadvantage applicants or employees based on their protected characteristics.
In very rare instances, making a limited exception for sex because it is a qualification for the job.

NOT Permissible:

Using race, color, national origin, or sex, as a factor in employment practices, regardless of whether applicants self-disclose their identity.
Using criteria that do not explicitly mention race, color, national origin, or sex, but in practice, using them to apply preferences or “plus factors” based on protected characteristics.

Question 2 – Recruiting and Job Postings

Are job postings and recruitment materials free from language that directly states or implies that decisions are based on race, color, national origin, or sex, and do they utilize only UW-approved diversity language?

Recruitment materials must not state or suggest that certain protected characteristics are considered in any way (preferred or disadvantaged) and must align with UW’s approved language and policies.

Permissible:

In job postings, utilizing the UW’s approved diversity, equal opportunity statement: Equal Opportunity statements and reasonable accommodation – Human Resources.
Seeking a broad pool of applicants with a variety of viewpoints and experiences without reference to race, color, national origin, or sex, including focused outreach efforts to professional groups, publications, or organizations.

NOT Permissible:

In job postings, including unit-developed language about commitments to diversity.

Question 3 – Diversity Statements from Applicants

Can we require diversity statements from applicants about experiences with and contributions to diversity?

Diversity statements cannot be required from applicants for staff, non-faculty academic personnel, or student positions. For faculty positions, see below.

Permissible:

Currently under review: For faculty positions only, following guidance from the Office for Academic Personnel and Faculty about requiring applicant diversity statements and evaluating those statements.

NOT Permissible:

Requiring diversity statements from applicants for staff, non-faculty academic personnel, or student positions, but applicants can be asked during interviews how their relevant skills, experiences, and qualifications support the University’s commitment to diversity (see the FAQ below).

Question 4 – Developing the Hiring Plan

Are hiring processes designed and hiring teams formed to facilitate a hiring process that is objective?

Hiring teams must be selected without regard to protected characteristics and conduct the process in an objective manner, including identifying applicants, selecting individuals for interviews, evaluating finalists, and making final hiring decisions.

Permissible:

Selecting members of the hiring team based on roles and expertise relating to the position.
Creating a rubric with job-related criteria for the position that is utilized consistently for all candidates.

NOT Permissible:

Considering an individual’s race, color, national origin, or sex in putting together the hiring team or plan.
Using race, color, national origin, or sex when shaping the pool of applicants.
The hiring team seeking approval of its hiring recommendation or decision from other individuals or teams based on those approvers’ race, color, national origin, or sex.
Modifying criteria or qualifications once the process has begun to include additional candidates of a certain race, color, national origin, or sex.

Question 5 – Assessments

Are applicants assessed using job-related criteria, without consideration of protected characteristics?

Applicant evaluation must focus on documented skills, experience, and job-related competencies. Assessments cannot solicit any information about race, color, national origin, or sex and, if disclosed by the applicant, assessments cannot consider or presume certain experience based on that information.

Permissible:

Using questions that seek information about leadership, unique perspectives, or other job-related factors without referencing or seeking information about race, color, national origin, or sex.
Questions that are directly tied to the role or job functions, such as identified skills for or experience working with diverse populations.
Documentation, including interviewer notes and comments, that reflects an assessment of the stated qualifications, roles, and responsibilities.

NOT Permissible:

Questions that ask how an applicant’s race, color, national origin, or sex have shaped the applicant’s identity or how the applicant would contribute to diversity based on race, color, national origin, or sex or questions that prompt applicants to disclose their protected identity.
Using applicants’ self-disclosure about their identity as a factor in the decision.
Considering an applicant’s race, color, national origin, or sex, including referencing protected characteristics or identity in reviewer notes, comments, communications, or other documentation of the assessment of the applicant.

Question 6 – Training

Unless required by law, are all trainings, especially those related to diversity, consistent with diversity as a commitment to access and opportunity for all?

Trainings that include concepts associated with diversity must be free from language or prompts that stereotype or promote preferences based on race, color, national origin, or sex.

Permissible:

Training that describes the University’s commitment to diversity as creating and sustaining environments where individuals from all backgrounds and experiences can participate fully, thrive academically and professionally, and feel a sense of belonging.
Unit-level training that has clear, job-related objectives and is consistent with this checklist, which can be demonstrated through training materials and feedback received from attendees.

NOT Permissible:

Attributing stereotypes or concepts to particular groups based on race, color, national origin, or sex in training content.
Segregating training attendees or limiting access to training by race, color, national origin, or sex.
In training, requiring affirmation of beliefs or actions relating to diversity based on race, color, national origin, or sex.
Using training to promote preferences based on protected characteristics.

Question 7 – Performance Management, Merit, and Awards

Are performance or recognition criteria based solely on job-related expectations and job functions?

Performance evaluations, merit, and other awards must be based on documented, role-specific contributions. Any diversity-related performance criteria must not take into account or be related to an employee’s protected characteristics.

Permissible:

Using only criteria tied to the role and job functions, applied consistently across comparable roles, which may include rewarding actions that create a more welcoming and more inclusive environment for all, regardless of race, color, national origin, or sex.
Utilizing consistent standards in performance management and corrective action for employees in similar positions, without regard to any protected characteristics.

NOT Permissible:

Giving positive or negative evaluations, awards, or other recognition based on perceptions or knowledge of an employee’s protected characteristics.
Considering criteria that single out or advantage or disadvantage individuals or groups based on protected characteristics when assessing performance, imposing corrective action, awarding merit, or recognizing an employee with an award.
Rewarding managers or supervisors for increasing the composition of their teams based on race, color, national origin, or sex.

FAQs

When applicants disclose race, color, national origin, or sex in their application materials or during the interview and selection process, such protected characteristics should not be considered. Reviewers should focus on evaluating applicants based on the job-related criteria applied to all applicants and ensuring that related communications or other documentation reflect this consistent evaluation and never reference protected characteristics.

Yes. Hiring teams may ask applicants how they can contribute to the University’s long-standing commitment to diversity, understood as ensuring access and opportunity for all individuals—regardless of race, color, national origin, sex, or other protected characteristics. This commitment involves fostering environments where people from all backgrounds and experiences can fully participate, thrive academically and professionally, and feel a sense of belonging.

Questions should focus on the applicant’s relevant skills, experiences, and qualifications. They must not be used to elicit information about or evaluate a candidate’s protected characteristics or identity, nor should such information be considered or shared further (even if volunteered).

Permissible examples of diversity-related questions or prompts include:

“Our University is committed to creating a community where individuals from all backgrounds and experiences have equal opportunities to participate, succeed, and feel a sense of belonging. Describe how your academic, extracurricular, or other relevant experiences support this commitment. Include specific actions, challenges faced, and lessons learned.”
“Describe how your experiences have prepared you to contribute to a welcoming and inclusive environment at the University.”

When training is related to serving communities with a specific demographic makeup, such as in healthcare or other academic fields, referencing those populations is permissible, but only if it is done to highlight the job-related expectations, skills, and competencies associated with working with those populations.

Follow the guidance in this checklist. It contains the most current and accurate information available. While other resources you may find on University websites might appear to be relevant, they may contain outdated information. This checklist has been reviewed and approved to ensure it reflects our most current standards. CRC is partnering with other university offices, including UW Human Resources, the Office for Academic Personnel and Faculty, and UW Medicine to review and revise related website content as needed.

Request a consultation

For questions about the checklist or your employment practices, request a consultation with Compliance and Risk Services.

Employment Practices Consultation