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The EEOC says that DEI training may lead to a hostile work environment claim.
And Kendrick Lamar and Drake may co-host a TED Talk on conflict resolution, the Dallas Cowboys may win the Super Bowl next year, and a job applicant may answer the “What’s your biggest weakness?” question honestly.
Let’s talk about why training on diversity, equity, and inclusion (DEI) is unlikely to lead to a viable hostile work environment claim.
What is a Hostile Work Environment?
To qualify as a hostile work environment under Title VII of the Civil Rights Act of 1964, the conduct must be based on a protected characteristic and be either severe or pervasive enough to alter the conditions of employment.
- Severe: One extreme incident, like a physical assault or a highly offensive slur, might be enough.
- Pervasive: Less extreme but repeated behavior—like frequent derogatory jokes or slurs—over time could also qualify.
Courts look at the full context: how often the conduct happened, how serious it was, whether it was threatening, and whether it interfered with someone’s ability to work.
Mere discomfort or isolated incidents—unless especially egregious—generally do not meet this threshold.
Why DEI Training Rarely Meets the Legal Standard for Harassment
An employee who takes offense to DEI training must show that the conduct was severe or pervasive enough to affect their work environment. Courts set a high bar here. A single DEI session that makes someone feel uncomfortable about their race or gender likely won’t qualify. Courts have reserved hostile work environment findings for extreme cases—like a manager using the “n” word or instances of sexual assault.
One training session isn’t pervasive by nature. Even several sessions would rarely cross that threshold. DEI trainings are not personal attacks; their purpose is to promote fairness and respect. Feeling uneasy during a session doesn’t make the training discriminatory or disruptive to working conditions.
Key Takeaways for Employers
- Uncomfortable ≠ Illegal: Discomfort with DEI content is a far cry from a hostile work environment.
- The Bar for Harassment Is High: To be actionable, conduct must be based on a protected characteristic and be objectively and subjectively severe or pervasive enough to interfere with their jobs.
- Stay Thoughtful, Stay Legal: Vet training content, ensure delivery is respectful, and allow space for dialogue—but don’t let fear of lawsuits deter you from promoting an inclusive workplace.
The Bottom Line
Courts have made it clear that merely finding DEI training uncomfortable or disagreeable does not open the door to liability. They’re looking for conduct that goes far beyond hurt feelings—something that’s truly discriminatory, targeted, and either severe or pervasive. Most DEI training doesn’t check those boxes. Employers who vet content and approach these trainings thoughtfully should not fear hostile work environment claims as a result.