Employers are facing an increasing number of Equal Employment Opportunity Commission (EEOC) charges and lawsuits from white employees who claim that exposure to diversity, equity and inclusion (DEI) training at work constitutes reverse race discrimination or harassment. Last week, the Seventh Circuit Court of Appeals rejected a Title VII discrimination and harassment claim filed by a manger who refused to participate in unconscious bias training mandated by his employer.

In Vavra v. Honeywell Int’l Inc., the plaintiff objected to the training on the basis that it would treat employees differently based on race, and would unfairly criticize white people. He was eventually terminated for failure to participate in the online training and filed suit, alleging race discrimination and retaliation. The Seventh Circuit affirmed a grant of summary judgment for the company, noting that because the plaintiff never accessed the training materials, he could not have a reasonable belief that the course portrayed white people as villains. He also could not demonstrate that the training mandate constituted discrimination against him based on his race.

As employee pushback against DEI initiatives increases, employers should carefully vet course materials and presenters to confirm that the training does not unfairly single out persons based on a protected classification. The employer should also be prepared to address employee concerns about the training by explaining its purpose, describing its contents, and assuring employees that the purpose of the exercise is not to vilify anyone based on their race, gender, or other characteristic.

For more information, please contact me or your regular Parker Poe contact. You can also subscribe to our latest alerts and insights here.