Plaintiffs Say DEI Interview Quotas Constituted Unlawful Bias

Though times might be changing in some businesses, many companies have used so-called Diversity, Equity and Inclusion (DEI) principles to shape their hiring process. Whatever the motivation might be for this type of standard, the businesses that claim they are trying to eliminate discrimination might be perpetuating it. 

The “reverse discrimination” complaint in Critelli v. Danaher Corp. was filed by two White male engineers who were managers for the defendant’s Pall Corporation subsidiary. They contend that from 2021 to 2025 they applied for numerous promotions but were denied interviews for nearly all positions—despite, they say, being qualified—while candidates with lesser credentials received interviews. The company manufactures industrial filtration and purification equipment. 

According to the complaint, Danaher maintains a DEI policy applicable to all subsidiaries that requires 50 percent of interviewed candidates for open roles to be women or people of color. This is ostensibly meant to boost the presence of employees from traditionally underrepresented groups. Plaintiffs say that there are management positions where not enough qualified applicants meet Danaher’s DEI standard. They allege that in some cases, qualifications are eased for women and people of color to help meet the quota while White males are still subject to the stricter requirements. 

Companies with interview-quota policies, including those where executives are compensated for meeting DEI targets, might believe that they are avoiding potential discrimination problems because they are able to base the actual hiring on skills and experience. However, bias at any stage of the hiring process can be illegal. Recruiting, interview-slate policies and promotion criteria must not cross into unlawful preferential treatment.

Due to the fact they are over 40 years old, the plaintiffs have also brought a claim under the Age Discrimination in Employment Act in addition to Title VII. Many large corporations have implemented DEI policies like Danaher’s for so many years, that some employees assume that reverse discrimination is a problem for which there is no legal recourse. That’s not the case however, and right now there is a great deal of attention being devoted to workers who were victimized because they did not fit into a formerly underrepresented group. 

Kardell Law Group can examine the facts in your case to evaluate whether you might be entitled to relief that could include back pay and other remedies because of the discrimination you experienced.