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ARTICLE · 03 NOVEMBER 2026

Ninth Circuit Holds DEI Training May Support A Hostile Work Environment Claim

Mayer Brown
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A federal appeals court examines whether mandatory diversity training, combined with subsequent workplace incidents targeting an employee's race, crosses the line from legitimate educational programming into unlawful discrimination. The ruling addresses how courts should evaluate the cumulative effect of training content and follow-on conduct when assessing hostile work environment claims.

United StatesEmployment and HR
Gabrielle Levin
Gabrielle Levin
Freesia Ferrantino
Freesia Ferrantino
Crystal Paulino
Crystal Paulino
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Decision Alert: Diemert v. City of Seattle, No. 25-1188 (9th Cir. Sept. 28, 2026)

On September 28, 2026, the United States Court of Appeals for the Ninth Circuit affirmed in part and reversed in part the United States District Court for the Western District of Washington’s grant of summary judgment in favor of defendants in Joshua A. Diemert v. City of Seattle, No. 25-1188. As to Plaintiff’s hostile work environment claim, the Ninth Circuit held that the Diversity, Equity, and Inclusion (“DEI”) trainings Plaintiff attended, considered together with a series of subsequent workplace incidents, were sufficiently numerous, frequent, and severe to create a triable issue of fact as to whether Plaintiff experienced a racially hostile work environment. This is the latest ruling in a series of cases on the issue of whether DEI training can create a hostile work environment.

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