In recent years, a number of white and male employees have filed suit against their employers, alleging that mandatory DEI training resulted in a hostile and offensive work environment. Most of these claims were dismissed on the basis that the harm claimed by the employees required to undergo training was subjective, speculative, or insufficient to meet the legal test for a hostile environment due to race or sex. Last week, the Ninth Circuit Court of Appeals bucked this trend, reversing a grant of summary judgment against a white male municipal employee who alleged that he was vilified by colleagues following an anti-discrimination class conducted by the city.
In Diemert v. City of Seattle, the plaintiff alleged that the class instructor described white people as "devils," and claimed that racism is built into their DNA. The plaintiff said that following the training, he lost job opportunities that were reserved for persons of color, and was repeatedly called a racist by co-workers. The Ninth Circuit noted that DEI classes and training are not inherently discriminatory, however, the plaintiff alleged sufficient facts to allow a jury to determine whether the class resulted in creation of a hostile and offensive work environment.
It’s a little surprising that the somewhat liberal Ninth Circuit found the DEI class to be potentially discriminatory. The extreme and explosive nature of the alleged contents of the class may have influenced this decision. Employers that conduct workplace bias training should carefully vet both the class presenters and the contents of the presentation. Training should avoid claims of inherent bias or racism on the part of any group. As DEI initiatives continue to come under scrutiny and challenge by the federal government, employers that allow the types of conduct alleged in this claim risk both private lawsuits and enforcement action from government agencies.
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