Last night, I read about another court dismissing a white employee's claims of a hostile work environment due to antiracism discussions and initiatives.
He cited required trainings that, in his view, negatively stereotyped white people. One email from the DEI Director email urged white employees to “feel terrible” about their “own internalized white supremacy.”
Initially, the court ruled that the professor had pled enough facts for his lawsuit to proceed.
But filing a lawsuit is one thing—proving it is another. To win, the professor needed evidence that these incidents were severe or pervasive enough to create a hostile work environment. At summary judgment, the university argued that the professor lacked such evidence—and the court agreed.
The court reviewed twelve incidents spanning three-and-a-half years, including emails, Zoom meetings, and professional development sessions discussing antiracist teaching. The legal test focused on whether these incidents, taken together, met the standard for workplace harassment.
Severity: The court found that the professor may have found certain discussions uncomfortable, including ones in response to major societal events, like the murder of George Floyd. But, they were aimed to promote inclusivity. The court ruled that no rational person would see them as severe enough to create a hostile work environment.
Pervasiveness: The incidents were too sporadic to constitute harassment. They were spread out over months and were not directed personally at the professor.
Impact on Work Performance: The professor voluntarily engaged in many discussions. The court noted that his job responsibilities and benefits remained unchanged, meaning the incidents did not unreasonably interfere with his work.
Ultimately, while the professor may have found the discussions frustrating, they were part of broader workplace conversations about race, not targeted personal harassment.
Indeed, context matters. Discussions about racial justice and antiracism—especially in response to significant societal events—are not inherently discriminatory. Employers should be aware of how employees experience these discussions but also recognize that not every complaint amounts to a legal violation.
The court also noted that the professor voluntarily engaged in many of the discussions. Employers should consider making participation in DEI initiatives optional and clearly communicate this to employees.
Finally, emphasize constructive engagement. Although discussions about race can be uncomfortable, they should aim to foster understanding rather than blame or shame any group. The court previously cautioned that “when employers talk about race—any race…with a constant drumbeat of essentialist, deterministic, and negative language, they risk liability under federal law.” Skilled facilitators should lead training sessions to ensure they promote learning rather than alienation.
#TheEmployerHandbook
#employmentlaw
#humanresources