Employers’ diversity, equity, and inclusion programs have faced recent pushback from employees and others who claim that the contents of training falsely accuse them of systemic bias based on their race. Earlier this week, the Tenth Circuit Court of Appeals affirmed dismissal of a racial harassment claim filed by a corrections officer who claimed he was forced to resign based on his employer’s diversity training materials.

In Young v. Colorado Dept. of Corrections, the plaintiff alleged that he was required to watch a series of videos that described a system of white supremacy in the United States that benefits that group at the expense of their non-white colleagues. He claimed that the training resulted in suspicion and distrust in his department that resulted in creation of a hostile and offensive work environment under Title VII.

The court disagreed, finding insufficient evidence of a hostile work environment. The Tenth Circuit noted that the plaintiff was only required to participate in the training once, never alleged that co-workers exposed him to any form of discrimination or ridicule, and that he was never forced to resign. His subjective offense at the contents of the training did not meet the standard for race harassment under Title VII.

Despite this ruling, employers should carefully review the contents of all training materials, including those used for DEI purposes. They should ask what the goals of the training are, and how the materials support those goals without unnecessarily alienating employees. This case supports appropriate DEI training, even in situations where employees disagree with or are made uncomfortable by the issues raised.

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