An attorney for the plaintiff told HR Dive his team will consider filing a petition for review with the U.S. Supreme Court.

Dive Brief:

• A Colorado corrections officer failed to plausibly allege his employer’s DEI training led to a hostile work environment, the 10th U.S. Circuit Court of Appeals held Monday.
• The worker had been required to attend a training program dealing with “racial sensitivity and the historical suppression of racial minorities,” according to the court. While he alleged the training contained “disturbing generalizations” about White people and had an effect on his day-to-day work, the court disagreed, finding his complaints failed to meet the “extremely high” bar for a hostile work environment charge.
• The lawsuit garnered significant attention as an early test case of the theory that DEI training leads to a hostile work environment, attracting amicus briefs from numerous conservative legal groups and more than a dozen red states in support of the worker.

Dive Insight:

The plaintiff’s argument rested on several allegations added after a Colorado district court held that the DEI training alone was not sufficient to trigger liability. The 10th Circuit considered both the old and new allegations.

First, the court considered the training itself, which included a glossary of racial terms like “white fragility” and “white exceptionalism,” meeting guidance suggesting leaders should “let less powerful people speak first” and recommendations of videos that...

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