A federal appeals court has delivered a notable ruling for employers as workplace inclusion and diversity (I&D) programs continue to face mounting legal and political scrutiny.
In a May 11 decision, the 10th U.S. Circuit Court of Appeals held that mandatory workplace training on race and bias did not create a hostile work environment under Title VII of the Civil Rights Act. The case offers reassurance that courts remain reluctant to equate controversial training content with unlawful harassment.
The decision comes at a time when I&D has become a focal point of enforcement efforts by the Trump administration and the U.S. Equal Employment Opportunity Commission (EEOC).
The lawsuit was brought by a white corrections officer employed by the Colorado Department of Corrections. He argued that required training sessions discussing concepts such as “white fragility,” “white exceptionalism,” and systemic racism created an abusive work environment because they portrayed white employees negatively.
The plaintiff alleged that the materials were discriminatory and fostered workplace hostility toward white workers.
The 10th Circuit rejected those arguments.
To establish a hostile work environment claim, the court noted, an employee must show conduct that is severe or pervasive enough to alter the terms and conditions of employment. While the training may have been uncomfortable or objectionable to the plaintiff, the court found that the...
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