DEI Training and Hostile Work Environment Claims
In our March 24 2025, blog post we discussed the federal Equal Employment Opportunity Commission’s (EEOC) recent guidance regarding what constitutes unlawful “diversity, equity, and inclusion” (DEI) policies. Among other things, the guidance specifies that employees may claim a “hostile work environment’ (a form of unlawful “harassment”) by showing that an employer’s DEI training was discriminatory in content, application, or context. Under Title VII of the Civil Rights Act of 1964 (Title VII), harassment based on race, sex, or another protected characteristic is unlawful where (1) enduring the offensive conduct becomes a condition of continued employment, or (2) the conduct is sufficiently severe or pervasive to create a work environment that a reasonable person would consider intimidating, hostile, or abusive . According to the EEOC , “Petty slights, annoyances, and isolated incidents (unless extremely serious) will not rise...