Accessibility Tools

Skip to main content

The Latest      —

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.
    end of words, pavement
    The Trump Administration has acted to terminate TPS status for several countries.  Of course, litigation has followed each notice of termin…
    we are hiring sign
    The Economist magazine reports that job interviews are “the worst way to select people, except for all the others.”  One of the more encour…
    fighting rams
    Of primary importance is that the best avoidance is to recognize the early warning signs.  In other words, at the beginning of a confrontat…
    shutdown, washington
    A good amount of publicity has come out recently about two major closings that employers blame on their unions.  In the most recent, at the…
    gavel
    In December of 2025, an Oregon federal judge refused Union Pacific’s effort to set aside a $27 million verdict in a suit from the worker al…
    hello
    Discrimination rules applicable to national origin is a priority for the current chairperson of  the Equal Employment Opportunity Commissio…