10th Circuit: Racial sensitivity training didn’t create hostile work environment

You may have heard the phrase “change is the only constant in life.” That quote seems especially appropriate in the world of employment law these days. For decades, employers had largely girded themselves against disparate treatment and disparate impact discrimination claims arising from employees belonging to the so-called “protected classes” such as racial or religious minorities. Many employers instituted diversity, equity, and inclusion (DEI) policies, created DEI-focused positions, and enacted employee training programs as a means of attempting to stay ahead of claims that they fostered an insensitive or hostile workplace. But times have changed.

Federal government targeting DEI

In 2025, the employment world was turned on its head when the president (through Executive Order) and many federal agencies (through policy changes) began targeting the very programs employers had erected as a defense to discrimination and harassment claims. Since then, the federal government has marched steadily toward its goal.