HELENA—Montana Attorney General Austin Knudsen is leading a 20-state coalition urging the U.S. Supreme Court to take up a case challenging workplace diversity, equity and inclusion training at the Colorado Department of Corrections.
The coalition filed an amicus brief in Joshua Young v. Colorado Department of Corrections, asking the court to review a Tenth Circuit Court of Appeals decision that dismissed claims brought by a former correctional officer.
Young argued that mandatory DEI training violated Title VII of the Civil Rights Act of 1964 by subjecting him to race-based discrimination and creating a hostile work environment.
According to the filing, the training included statements that all Caucasians are racist, perpetuate white supremacy and may display racial fragility if they deny their own prejudice. The brief also argues that the training encouraged employees to treat colleagues differently based on race.
Young eventually left his position as a correctional officer, arguing that the training increased tension in an already difficult workplace.
Knudsen said the case raises broader questions about whether employers can require training that assigns negative characteristics to employees based on race.
The coalition is challenging the Tenth Circuit’s conclusion that a single training session was not sufficient to establish a Title VII violation. The attorneys general argue that federal law does not create an exception for discriminatory conduct simply because it occurs only once.
The brief asks the Supreme Court to reverse the lower court’s decision and clarify the protections available to employees who are subjected to race-based workplace training.
Attorneys general from Alabama, Alaska, Arkansas, Florida, Idaho, Indiana, Iowa, Kansas, Louisiana, Mississippi, Missouri, Nebraska, North Dakota, Ohio, South Carolina, South Dakota, Texas and West Virginia joined Knudsen in the filing, along with the Arizona Legislature.
