Obama-appointed judge clears way for white employee to challenge Seattle's DEI policies

A unanimous federal appeals court ruled Monday that a jury should decide whether Seattle's DEI initiatives created a racially hostile work environment for a white employee, while emphasizing that federal anti-discrimination law protects workers regardless of race.The three-judge panel did not rule on whether Seattle's DEI programs violated the Constitution or federal anti-discrimination law.Instead, it found that the allegations were enough to let a jury decide whether the way the city carried out those initiatives created a racially hostile work environment.
The ruling leaves the larger constitutional questions about Seattle's race-based programs unanswered."Workplace training programs designed to address racial barriers are not inherently discriminatory, and nothing in Title VII prohibits employers from either discussing historical and ongoing discrimination against persons of color or seeking to address such discrimination," wrote Judge Mary Murguia, who was appointed by President Barack Obama."Accordingly, race-conscious training programs may violate Title VII when they create a racially hostile work environment."TRUMP ADMIN'S PUSH TO SCRAP DEI IN FEDERAL GOVERNMENT TAKES LANDMARK STEP WITH NEW HIRING RULEPeople march outside the office of hedge fund billionaire Bill Ackman protesting his campaign against diversity, equity, and inclusion and attacks against former Harvard University President Claudine Gay in New York City, U.S., January 4, 2024.REUTERS/Shannon Stapleton (REUTERS/Shannon Stapleton)Joshua Diemert, who worked for Seattle's Human Services Department, alleged that over several years he was subjected to repeated race-based comments and workplace incidents, including being asked by supervisors what he could contribute "being a straight white male," being told it was "impossible" to discriminate against white people, and being encouraged to give up a leadership role so a person of color could be promoted.He also attended DEI trainings where speakers a...