Accessibility Tools

Skip to main content

Federal Circuit Court Upholds Claim against DEI Training

Written on .

In June, the U.S. Supreme Court ruled that federal equal opportunity protection laws apply equally to all workers regardless of race, gender, and other protected characteristics.  Ames v. Ohio Department of Youth Services. 

Another ruling in 2024 by the same Court found that a plaintiff need only show that they experienced “some harm” and unfavorable treatment. Muldrow v. St. Louis.  The U.S. Federal Court of Appeals for the Second Circuit recently allowed a white former executive to continue a claim alleging that a “reasonable jury” could find his employer’s implicit bias training created a hostile environment.  Chislett v. New York City Department of Education, No. 24-972 (2nd Cir., 9/25/25). 

The training allegedly described “white culture” as “supremacist,” and “toxic,” suggesting that employers should avoid using terms like “white privilege” with their anti-bias training.  The opinion did indicate that mandatory implicit bias training is not inherently illegal, but it also stated it can give rise to a hostile environment claim if the training discusses a particular race with “a constant drumbeat” of “negative language.” 

The result is that anti-bias training should not stereotype a racial group.  On the other hand, in a case last year, the Seventh Circuit ruled that objection to participating in mandatory DEI training on the belief that it contains discriminatory content wasn’t enough to show that plaintiff was discriminated and retaliated against. 

    This article is part of our December 2025 Newsletter. 

    View the newsletter online

    Download the newsletter as a PDF

    Get Email Updates

    Receive newsletters and alerts directly in your email inbox. Sign up below.
    security vehicle
    DHS announced the termination of all categorical family reunification parole programs for nationals of Colombia, Cuba, Ecuador, El Salvador…
    ethiopia
    DHS announced the termination of Temporary Protected Status (TPS) for Ethiopia, effective February 13, 2026. The previous expiration date w…
    files stacked
    Employers have varied practices regarding what materials to add to employee personnel files, but such materials generally include on-boardi…
    electronic devices
    Many employers have not adequately considered that business-related communications exist on personal employees’ cell phones and other devic…
    mechanical calculator printer
    A settlement agreement of a discrimination case can be instrumental in determining its tax treatment.  First, any portion of the settlement…
    clock and calendar
    Employers should be aware that the federal COBRA law requires employers with 20 or more employees to allow workers to temporarily continue…