New ruling revives race-based harassment lawsuit
The latest legal development is a reminder that companies should vet diversity programs
The U.S. Court of Appeals for the 9th Circuit recently ruled that a White male employee of the city of Seattle was entitled to have a jury decide whether comments made by trainers at workplace trainings under the city’s Race and Social Justice Initiative contributed to an unlawfully hostile work environment. Chief Judge Mary Murguia wrote the opinion for the unanimous three-judge panel, reversing summary dismissal of the claim.
Background
In 2013, Joshua Diemert, a White man, started working for Seattle’s human services department. He received solid performance evaluations.
Diemert participated in an RSJI training titled “Race: The Power of an Illusion” in 2015 that included discussion of “White supremacy culture.” Diemert claimed RSJI was hostile to White employees and that this hostility infected the workplace.
Diemert alleged that in 2015 his manager, Gloria Hatcher-Mays, discouraged him from applying for a supervisory role “because she was looking for someone who was bilingual and who had contacts within one of the marginalized communities.” Diemert claimed an unqualified person of color was chosen for the role instead, forcing him to perform many of the position’s duties with no change in pay or title. Also in 2015, according to Diemert, another HSD manager asked what he, a straight White male, could possibly offer the department.
Diemert alleged that in 2016, Hatcher-Mays asserted it was impossible to be racist toward White people. In 2017, Diemert claimed a supervisor encouraged him to relinquish his lead role in the department so it could be filled by a person of color.
In November 2019, Diemert attended an RSJI training titled “Undoing Institutional Racism Workshop.” Diemert allegedly heard trainers say “White people are cannibals,” “racism is in White people’s DNA,” and that “White people are like the devil.”
Diemert claimed that between 2019 and 2020, a supervisor called Diemert a “colonist,” accused Diemert of having “White privilege,” and informed Diemert he was “to blame for allinjustices in the United States.” In 2021, co-workers criticized Diemert for defending critical race theory bans.
Diemert alleged these and other race-related incidents forced him to resign in September 2021. He sued the city in federal court, asserting, among other claims, hostile environment racial harassment, constructive discharge, and racial discrimination in violation of federal and Washington state civil rights laws, Title VII and the Washington Law Against Discrimination, respectively.
Click here to read the full article written by SCMV Shareholder Dan Eaton and published in The San Diego Union-Tribune.