Employers record wins in Title VII suits over DEI training

Employers have recently prevailed in several cases across the country in which employees have attacked diversity training and other workplace initiatives related to diversity, equity, and inclusion (DEI), indicating that many courts don’t consider these trainings to be violations of federal antidiscrimination laws.

Antidiscrimination training doesn’t create hostile workplace

Many of the lawsuits arose after employers responded to the racial events of 2020 in various ways, including by conducting trainings on concepts like systemic racism and implicit bias. Courts have consistently ruled in employers’ favor, finding that the employees failed to prove the trainings met the threshold to establish a hostile work environment claim.

The decisions serve as a reminder that you should continue to evaluate your DEI programs, including employee trainings, to ensure they’re aligned with current legal standards. In light of these rulings, courts may be less likely to rule in favor of employees alleging violations of Title VII of the Civil Rights Act of 1964 in the context of DEI training.

Federal attention turned to diversity and antibias training

Because the federal government has recently given greater attention to employers’ DEI efforts, employers may be evaluating the risks related to diversity and antibias training.