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Seattle’s DEI Initiative May Have Created Hostile Work Environment, 9th Circuit Finds
The court said at least 10 race-related incidents over five years could support a jury trial on whether RSJI trainings created a hostile workplace.
On Monday, the 9th U.S. Circuit Court of Appeals revived a hostile work environment claim for a White former Seattle human services employee, reversing a lower court's dismissal of the case.
Diemert participated in Seattle's Race and Social Justice Initiative , which required employees to attend trainings on racial justice; he pointed to at least 10 incidents related to his race over a five-year span.
The court found the alleged conduct—including being called a "colonist" and hearing that "white people are cannibals"—was "sufficiently numerous, frequent, and severe" to warrant a jury trial under Title VII.
Notably, the 9th Circuit—widely regarded as liberal-leaning—drew parallels to Chislett v. N.Y.C. Dept., where the 2nd Circuit also reversed a dismissal after a White worker alleged similar hostile training environments.
While the hostile environment claim proceeds to trial, the court upheld dismissal of disparate treatment and retaliation claims; Alan Pyke, communications director for Seattle's city attorney, said the city is reviewing the decision.