A former White employee of Seattle’s human services department will face a jury trial on his hostile work environment claim after the 9th U.S. Circuit Court of Appeals overturned a lower court’s dismissal of the case. The decision, released Monday in Diemert v. City of Seattle, represents an unusual legal challenge to diversity, equity, and inclusion (DEI) programs—even within a court system generally viewed as supportive of such efforts.
The employee, who served as a program intake representative from 2013 until leaving the department, argued that mandatory DEI trainings under the city’s Race and Social Justice Initiative (RSJI), established in 2004, created a racially hostile workplace. While participation in RSJI activities was required twice a year, attendance did not directly impact performance reviews, according to court records.
The initiative featured racial affinity groups and workshops addressing privilege and marginalization, including exercises like privilege bingo and a “racist/anti-racist continuum” activity where staff positioned themselves based on perceived racial biases. The former worker described at least 10 incidents over five years, including questions about his role as a White male, blocked promotions, and trainers making statements such as “white people are cannibals” or “racism is in white people’s DNA”. He claimed these sessions, combined with workplace interactions, contributed to a discriminatory atmosphere. Some incidents took place at DEI trainings, but the “racial hostility spilled over into the workplace generally,” the worker said.
The 9th Circuit determined these incidents were “sufficiently numerous, frequent, and severe” to justify a jury trial. This ruling follows a 2023 decision by the 2nd Circuit Court of Appeals in Chislett v. N.Y.C. Dept. of Educ., where a White employee also won a DEI-related discrimination case.
The decision highlights potential legal risks when DEI programs are poorly structured or enforced, depending on their implementation and effect. The 9th Circuit did not reject DEI efforts entirely but suggests courts may examine their execution more carefully. While the employee’s broader allegations-including unequal treatment and retaliation-were rejected, the hostile environment finding carries weight.
Seattle’s city attorney is assessing the ruling. Attorneys have previously suggested that employers audit their DEI programs to ensure they don’t violate the law.
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