Court Clears Way For White Seattle Employee’s Lawsuit Over DEI Training

An appeals court has ruled that a white former public employee can move forward with a lawsuit against the City of Seattle over racial discrimination. While rejecting part of the plaintiff’s argument, the court has cleared the way for the man’s claim that the city’s diversity, equity and inclusion (DEI) programs were part of a hostile work environment that unfairly targeted him because of his race.

Seattle case alleging anti-white discrimination can move forward

A three-judge panel of the United States Court of Appeals for the 9th Circuit ruled unanimously to allow the case of Joshua Diemert, who claims that the City of Seattle subjected him to a hostile work environment because he is white, to proceed. Diemert has claimed that when he worked for the city’s Human Services Department, he was subjected to a variety of racist comments from supervisors and colleagues, such as having his contributions questioned for “being a straight White male.” He also claims he was told that it was “impossible” to discriminate against White people and that he was asked to give up a leadership role to make way for the promotion of a non-white individual. Diemert also cited work-based DEI trainings as part of his complaint, claiming that during these sessions comments were made, including “White people are like the devil” and that racism was in “White people’s DNA.”

Claims that diversity trainings were part of hostile work environment

Diemert’s case had been dismissed by a lower court, but the 9th Circuit panel partially reversed that ruling. Without deciding on the underlying claims made in the case, the court ruled that the claim of a hostile work environment could be taken to a jury. “Workplace training programs designed to address racial barriers are not inherently discriminatory, and nothing in Title VII prohibits employers from either discussing historical and ongoing discrimination against persons of color or seeking to address such discrimination,” wrote Judge Mary Murguia on behalf of the panel. However, Judge Murguia, an appointee of President Barack Obama, also held that “race-conscious training programs may violate Title VII when they create a racially hostile work environment,” thus allowing the content and conduct of the diversity trainings to be included in the lawsuit. The judges, however, rejected Diemert’s claim that the alleged behavior, which also included “racially aligned affinity groups” and “racially segregated trainings,” amounted to a violation of the equal protection clause of the 14th Amendment, thus removing the accusation that Diemert’s constitutional rights had been violated.

Attacks against diversity programs under Trump

The ruling in Diemert’s case against Seattle comes at a time when diversity efforts are facing hostility and legal challenges. Since returning to office, President Trump has eliminated diversity programs and offices within the federal government and pressured private institutions, including businesses and colleges, to drop their own DEI initiatives. The Trump administration has aggressively interpreted the Supreme Court’s 2022 ruling against affirmative action in college admissions, seeking to outlaw any race-conscious programming at colleges and universities. The Trump administration is also targeting the city of Evanston, Illinois, attempting to get it to end the first-in-the-nation reparations program that the city implemented.

It is within this hostile political climate for diversity initiatives that the City of Seattle will now have to defend itself against claims that it created its own hostile environment for one of its white employees. While the most recent ruling in the Diemert case does not challenge the existence of diversity programs, it does allow forward an argument that such programs can be part of a discriminatory work environment for white employees.

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