Arizona Supreme Court to weigh if employees can sue over illegal DEI training

An employee who was required to complete Arizona State University's "Inclusive Communities" training has taken the dispute to the Arizona Supreme Court. The training covered topics such as "whiteness," "heteronormativity" and "transformative justice," which the plaintiff claims breach a state law prohibiting mandatory instruction that assigns blame based on race, ethnicity, or sex. The lower courts disagreed on whether the statute creates an implied private right of action, with the trial court allowing the suit and the Court of Appeals rejecting it.

Represented by the Goldwater Institute, the plaintiff argues that Arizona precedent treats statutory silence as a prompt for courts to examine purpose and context. The Arizona Board of Regents, defending the university, maintains that the law does not expressly grant a private cause of action. The Supreme Court's decision will determine if individuals can enforce such protections against state entities, potentially shaping future government training programs across the state and beyond.