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‘Tip of the Iceberg’: Appellate Ruling Provides Roadmap for Bias Suits Over DEI Training

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‘Tip of the Iceberg’: Appellate Ruling Provides Roadmap for Bias Suits Over DEI Training | National Law Journal

















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https://www.law.com/nationallawjournal/2024/03/18/tip-of-the-iceberg-appellate-ruling-provides-roadmap-for-bias-suits-over-dei-training/

Tenth Circuit Court of Appeals courthouse in Denver, CO. Photo: Avalon Zoppo/ALM

NEWS

“I think there’s going to be a huge number of reverse discrimination type cases filed this year and in subsequent years,” said employment lawyer Jason Schwartz.

March 18, 2024 at 03:21 PM

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What You Need to Know

  • The Tenth Circuit dismissed a suit brought by an ex-prison worker claiming DEI training created a hostile work environment.
  • Experts say the ruling gives litigants a sense of how to bring successful claims in the future.

The U.S. Court of Appeals for the Tenth Circuit issued one of the first appellate rulings last week addressing claims that diversity training created a hostile work environment—and employment lawyers say the opinion provides a roadmap for a flood of expected similar claims.

Also last week, the Fourth Circuit upheld a multimillion-dollar award for a white former Novant Health executive who claimed he was fired so the company could advance diversity goals.

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