We’ve followed the EEOC’s rulemaking and enforcement agenda for some time. It’s no secret that my reading of the Civil Rights Act differs substantially from agency leadership’s. However, a broken clock is right twice a day, and a recent case in Washington provides us with an example of DEI training gone awry. The facts in the EEOC’s complaint paint an astounding picture of Washington University’s DEI training faux pas. To understand the alleged mistake, we have to understand the underlying story.
It all started when the University’s Alvin J. Siteman Cancer Center (SCC) planned a DEI training. As a preliminary part of this training, organizers sent an email explaining their intention to conduct breakout sessions grouped by racial identity. While this idea is bad on its face, the program’s administrators appeared oblivious. The one BIPOC employee on the SCC research administration team raised this issue with the organizers. They reassured her that the breakout session idea was nixed. However, on the day of the training, a scene straight out of “The Office” played out:
“During the January 22, 2025, ‘How Racism Harms’ training session, the ODEI facilitator separated the SCC research administration team participants into Zoom breakout rooms for ‘shared racial identity spaces’ based on race. Despite knowing that Thaier did not want to participate in a ‘shared racial identity spaces’ activity, the ODEI facilitator placed Thaier, the only non-White person on the SCC research administration team, in a Zoom room by herself, where she remained alone for several minutes.”
The Plaintiff felt aggrieved by the incident and filed a complaint with the University’s Office of Institutional Equity (OIE). Not feeling the situation adequately resolved, the Plaintiff then filed a complaint with the EEOC. Upon receiving news of this complaint, the Plaintiff alleges the University dismissed her in retaliation. This retaliation elevated a DEI training faux pas that may have resulted in embarrassment and minor damages into a major employment discrimination case. We’ll take this story with a grain of salt, given the administration’s propensity to fabricate legal claims. The facts remain unproven until the court reaches a resolution. However, if we assume the Complaint paints an accurate picture, there is a lesson to learn.
DEI programs and trainings can be incredibly helpful. However, regardless of the intention, it is never okay to discriminate. Whatever point the organizers were trying to make with the breakout sessions wasn’t worth it. It should have been communicated in a different, non-discriminatory fashion. Additionally, the one staff member most vulnerable to the impacts of racism tried to warn about this and was ignored. The lesson: when planning DEI training, consult your legal department and take employee feedback seriously. Additionally, if an employee calls out unacceptable conduct in a training, do not make your situation worse by retaliating against them.
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