Can your diversity training get you sued for silencing staff dissent?
Employers face First Amendment lawsuits over diversity training that punishes dissent, federal appeals court rules in closely divided decision.
The Eighth Circuit Court of Appeals handed down a split decision on December 30, 2025, that could reshape how organizations conduct workplace training on sensitive topics. In a razor-thin ruling, five judges sided with two Missouri school employees who said their free speech rights were trampled during a required equity session.
Brooke Henderson and Jennifer Lumley worked for Springfield R-12 School District when they were told to attend Fall District-Wide Equity Training in October 2020. What happened during those sessions became the center of a constitutional fight that divided eleven federal judges in Henderson v. Springfield R-12 School District.
The training started with what seemed like standard ground rules. Staff received a handout listing principles: stay engaged, lean into your discomfort, acknowledge your privileges, be professional. Then came the warning that caught everyone's attention. A slide displayed during the presentation read: "Be Professional - Or be Asked to Leave with No Credit."
For Henderson and Lumley, that warning carried weight. No credit meant no pay, since the training was mandatory. Henderson attended virtually and was told to keep her camera on the entire time, even if she felt uncomfortable. Trainers said turning cameras off was...
A Fleming Island eye-care business will pay $2.1 million to settle accusations of improper Medicare or Medicaid claims. The business was one of five ophthalmology practices in Florida that collect...