Tenth Circuit: DEI Training Does Not Create Hostile Work Environment…In this Case
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APPLIES TO All Employers with CO, NM, UT, and WY Employees |
EFFECTIVE March 11, 2024 |
QUESTIONS? Contact HR On-Call |
Quick Look
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Discussion
In Young v. Colorado Department of Corrections, the Tenth Circuit Court of Appeals ruled against a Colorado Department of Corrections (CDOC) employee who claimed the CDOC’s mandatory Diversity, Equity, and Inclusion (DEI) training created a hostile work environment. Here, the CDOC’s DEI training contained online modules and a glossary of terms that explained the history of race in the United States, racial inequality and injustice, and oppression of people of color. The employee claimed the DEI materials referenced “white fragility” to describe when white people experience guilt and fear when learning about racial equality and injustice. Also, the employee alleged that the glossary stated all white people are racist and created the concept of race to oppress people of color. The employee claimed the training created a culture of suspicion and distrust which created a hostile work environment, and he no longer felt comfortable working for the CDOC because he was so harassed and intimidated by the training.
To prove a hostile work environment, employees must show: (1) they are in a protected class; (2) they were subjected to unwelcome harassment based on race; and (3) the harassment was so severe and pervasive that it altered a term, condition, or privilege of employment creating an abusive environment. The court ruled the employee’s allegations failed to meet these requirements. He did not allege specific facts, did not explain adverse actions that happened to him because of the training, and was not subject to discipline for failure to attend the training.
Although the court did not agree with the plaintiff in this case, it did note several factors that it found concerning about the DEI training which could inform future plaintiffs who wish to allege a hostile work environment claim due to such DEI training. These factors included: (1) one of the recommended videos included people using the “N-word”; (2) the employer refused to investigate the complaint; (3) he was forced to hear statements facially based on race which included sweeping generalizations about white people; and (4) the training materials advised employees to be careful of “white norms” and be critical of “white exceptionalism.” The court advised that this type of “race-based rhetoric is well on the way to arriving at objectively and subjectively harassing messaging.” Employers should be careful to review their DEI training in light of the court’s guidance in this decision.
Action Items
- Review DEI training content with legal counsel.
Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2024 ManagEase