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ARTICLE · 11 APRIL 2024

Tenth Circuit Ruling Highlights Potential Pitfalls For Employers' DEI Programs

The landscape of Diversity, Equity, and Inclusion (DEI) training initiatives in the workplace is evolving rapidly.

United StatesCorporate/Commercial Law

Wichita, Kan. (April 4, 2024) - The landscape of Diversity, Equity, and Inclusion (DEI) training initiatives in the workplace is evolving rapidly. Within the last several years, we saw an increase in DEI training and corporate/client encouragement for such training initiatives. Recently, however, Title VII plaintiffs - mainly white males - are now challenging aspects of DEI training with some success. These recent DEI Title VII cases illustrate how DEI initiatives, while well-intentioned, can inadvertently expose employers to legal liabilities if not carefully implemented.

The Tenth Circuit's recent published opinion in Young v. Colorado Department of Corrections is instructive. While employed by the Colorado Department of Corrections, Joshua Young participated in mandatory Equity, Diversity and Inclusion (EDI) training, which he claims subjected him to a hostile work environment due to its content. Young's complaint alleged that the training program included

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