7th Circuit: Employee challenges DEI training video—but neglects to watch it

In recent months, many employers have faced increased scrutiny of and challenges to their diversity, equity, and inclusion (DEI) initiatives, including claims that the programs amount to “reverse discrimination.” In a recent decision, the U.S. Court of Appeals for the 7th Circuit (which covers Illinois, Indiana, and Wisconsin) rejected an employee’s reverse discrimination claim under federal and Illinois law and provided a helpful road map for employers seeking to defend against these lawsuits.

Rebel without a cause

Charles Vavra, who is white, worked for Honeywell International, Inc., in a business unit headed by John Waldron. In September 2020, just months after the nationwide protests spawned by George Floyd’s killing by police officers in Minneapolis, Waldron sent an email to all of his employees, including Vavra, in reaction to a grand jury’s decision not to indict police officers involved in a black woman’s death.

He wrote, “Racial bias is real. Don’t kid yourself. Each of us has unconscious bias within us.” He promised that his business unit would “take tangible actions to make a difference,” including “upping our game when hiring ensuring 100% of the time that the interview panel and candidates are diverse.”