Federal Appeals Court Allows White Employee to Sue Seattle Over DEI Practices
A unanimous Ninth Circuit panel ruled that a jury may decide if Seattle's diversity training created a racially hostile workplace for a white city employee.
In a unanimous decision, the Ninth Circuit Court of Appeals determined that a jury should hear whether Seattle's diversity, equity and inclusion (DEI) initiatives fostered a racially hostile work environment for a white employee. The panel, led by Judge Mary Murguia, avoided ruling on the broader constitutional issues surrounding the city's race-based programs, focusing instead on the plaintiff's standing. Joshua Diemert, who worked for Seattle's Human Services Department, alleges he faced repeated comments about his race and gender, as well as training sessions that labeled white people in derogatory terms.
Attorneys for the city did not dispute the factual record, and the court found the allegations sufficiently frequent and severe to merit a trial. City officials indicated they are assessing the ruling and considering next steps. Legal scholars noted the decision leaves larger challenges to DEI policies unresolved but underscores that Title VII applies equally to all races.
Why it matters
The ruling shows that DEI programs can be legally contested if they create a hostile environment for any employee.
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