DEI Training is NOT Per Se Illegal

Earlier this week, a federal court issued an opinion regarding DEI initiatives, specifically, DEI training programs, in Diemert v. City of Seattle, W.D. Wash, No. 2:22-cv- 1640 (Feb. 10, 2025). In dismissing the plaintiff's case on summary judgment, the court reiterated that DEI Training is not illegal and that "efforts to address racism in the workplace - such as DEI initiatives - are not themselves racist." In examining the trainings offered by the City, the court opined that while the trainings "no doubt contained statements about race[,] ... exposure to material that discusses race does not by itself create an unlawful hostile work environment."

In this case, the plaintiff alleged that being subjected to the training programs mandated by the City, along with the discussions and comments made, created a hostile work environment for him as a white male. In examining the plaintiff's claims, the court highlighted the inherent paradox between proponents and critics of DEI programs. On the one hand, proponents of DEI training believe that DEI programs "aim to promote fairness and inclusion by acknowledging and addressing racial disparities" noting that such programs are "designed to ensure that all individuals have equal access to opportunities." Critics, on the other hand, "argue that explicitly focusing on race or addressing racial inequalities perpetuates division and unfairness." The tension, the court recognized, "underscores the complexity employers face."

Against this analysis, the court examined the trainings offered by the City and noted that "conversations [that] may prompt discomfort or spark debate, do not necessarily violate anti-discrimination laws." Rather, the court noted, "many courts have held that anti-discrimination trainings play a vital role in preventing workplace discrimination" advancing Title VII's objectives.

So what does this all mean?

1. Audit your DEI initiatives to ensure they comply with the goals of Title VII to prevent and deter discrimination.
2. Evaluate your training programs: they should be designed to create a fair, inclusive workplace even if they address racial inequities.
3. Encourage conversation that spark debate and bring understanding noting that discomfort is not discrimination. In this regard, the court noted that, “Discomfort or disagreement with the content of diversity training does not constitute a hostile work environment under anti-discrimination laws.”
4. Know and understand the intent of the trainings you are offering, so you can articulate them to your employees emphasizing that the trainings and any discussions are not intended to be a personal attack on anyone.

Still concerned? Contact LOUTEL at [email protected] We are ready to help you.