As the legal battle intensifies, DEI training is coming under special scrutiny, with at least seven court cases pending nationwide alleging that it constitutes workplace discrimination. Some practitioners have responded by voluntarily dialing down aspects of their “anti-racist” curriculums — increasingly in demand since the murder of George Floyd in 2020 — which critics say go beyond traditional efforts to awaken White people to their inherent biases and instead paint them as inherently racist.

In his lawsuit, for example, Young claimed that mandatory anti-racism training in the Colorado prison system fomented a “hostile” workplace for White employees. Though the U.S. Court of Appeals for the 10th Circuit dismissed the suit, a three-judge panel found the training “troubling on many levels,” saying its “ideological messaging” and “race-based rhetoric is well on the way” to constituting harassment.

In what legal experts have called a blueprint for future challenges, the majority said Young failed to demonstrate that the harassment was “severe and pervasive.” So Young refiled his lawsuit in June, alleging that the training made his job more difficult and strained his relationships with co-workers who agreed with the lessons.

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