In theory, and depending on definitions, Diversity, Equity and Inclusion (DEI) promises us ideals that we can agree with: fairness, pluralism and equal opportunity for all. In practice, however, DEI often includes ideas that many of us find objectionable. Individuals, particularly those in the “oppressor class” are singled out for hostility and made to feel guilty because of their race or other immutable characteristics. Fairness is replaced by concepts such as “the only remedy for racist discrimination is antiracist discrimination”. People who disagree with these concepts are subject to ad hominem attacks – accused of internalized white supremacy, fragility or a variety of “isms”. In some cases, they may lose their job because of their dissent.
These objections are highlighted in as case that FAIR has chosen to support, both financially and legally. Zack De Piero is a non-tenured professor who ended up resigning his job because of a hostile work environment. He was required to attend many trainings that took an essentialist approach to race (“all whites are racist and need to confront their privilege”). When he complained about the trainings, he was accused of bullying and harassment, and ended up with a reprimand on his performance review. More details of his case are available here.
The significance of the case is that an Obama appointed judge allowed the hostile work claim to move forward. The judge agreed that there was a place for discussions of critical race theory in an academic environment. However, how these conversations are carried out matters. “When employers talk about race—any race––with a constant drumbeat of essentialist, deterministic, and negative language, they risk liability under federal law.” Some of the examples cited by the judge included: “ascribing negative traits to white people or white teachers without exception and as owing inevitably from their race.”
This case is important because it will have a major impact on how DEI trainings are conducted in Universities and the Corporate world. Lawyers for both sides are currently deposing witnesses and gathering evidence. If the judge allows the case to continue moving forward it will move to a trial by jury.
- How have you been impacted by DEI? We would love to hear from you either through email or in person.
- FAIR Transparency (https://www.fairtransparency.org/) is a mechanism set up by the National Organization to report incidents of discrimination and prejudice. We encourage you to use this mechanism, especially if you are interested in follow-up from legal staff.
- Are you interested in attending a Zoom workshop to meet Zack and learn more about the case?
