DEI (Diversity, Equity and Inclusion) is under a magnifying glass in many sectors, one of which is employment. Joshua Young, a correctional officer in the Colorado prison system filed suit after he was required to attend DEI training. He alleged the DEI training left him feeling marginalized. The training discussed “white supremacy” and “white exceptionalism.” He said the DEI training left him believing white persons were unable to treat minorities fairly. His lawsuit alleged the training fomented a “hostile” workplace for white employees.

DEI training has become common in major companies. By 1976, more than 60% of large companies required management to undergo unconscious bias training. For years, that training essentially focused on the biases most people hold. But, after the killing of George Floyd, the training increasingly adopted an “anti-racism” approach. This new approach emphasized how to challenge systemic bias.

Anti-Racism Training

Since 2020, that DEI training has been implemented by more and more companies. Unconscious bias training and anti-racism training have many common elements. But, anti-racism training differs in that it gets into America’s history of slavery, segregation and discrimination. It argues that American society continues to favor white people.

But, of course, in singling out white people, anti-racism training suggests its own version of discrimination, says one expert, Frank Dobbin, a Harvard sociologist. (Certainly, he is correct. Any focus on just one ethnic group suggests the possibility of discrimination. The key would be whether that focus is justified by non-discriminatory motivations. Could such singling out – given the right circumstances – provide evidence for a case of anti-white discrimination? Absolutely).

Prof. Dobbin says unconscious bias training has not resulted in a more diverse work force. He also says that anti-racism training has not produced positive results. People simply do not respond well to that training, even if it is correct.

59 Lawsuits

There are currently 59 lawsuits against DEI training across the country. Some have been dismissed, but others have not. Those lawsuits do shape the ongoing DEI training. Joshua Young’s lawsuit was dismissed, because he did not allege the discrimination was “severe or pervasive.” But, Mr. Young plans to re-file his lawsuit with a better statement of the facts. In 2020, then Pres. Trump signed an order prohibiting DEI training among Federal agencies and Federal Contractors. President. Biden then overturned that order.

Kenji Yoshino, at New York University, says it is possible to discuss America’s history of slavery and discrimination without suggesting white people are inherently discriminatory. (Of course, it is. But, that would be a difficult exercise and it incurs much risk for a company seeking to avoid accusations of anti-white bias). See the ABA Bar Journal here for more information.