Court Revives NYC Educator’s Bias Case Over DEI Training

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Key Takeaways

  • A federal appeals court revived a lawsuit by former NYC school administrator Leslie Chislett, who claims she faced racial harassment during DEI training.
  • The court found that comments made during implicit bias sessions could support a jury finding of a hostile work environment.
  • Chislett alleges that city officials under former Mayor Bill de Blasio and Chancellor Richard Carranza ignored her complaints and allowed a culture of anti-White bias.
  • The case reflects a growing wave of “reverse discrimination” lawsuits challenging DEI training in workplaces nationwide.
  • Legal experts caution that DEI programs risk violating federal law if they stereotype or segregate employees based on race.

Appeals Court Decision

The 2nd U.S. Circuit Court of Appeals has reinstated part of a lawsuit brought by Leslie Chislett, a former administrator with New York City’s Department of Education (DOE). Chislett alleged she endured racial harassment during mandatory implicit bias training sessions and workplace interactions, according to HR Dive and the New York Post.

A lower court had dismissed her 2019 claims of discrimination, demotion, and constructive discharge. 

However, the appeals panel ruled Thursday that her hostile work environment claim deserves a trial, noting that “a rational jury could find” that negative generalizations about White employees created a pattern of harassment.

Allegations of Harassment

Court documents cite instances where training leaders and colleagues characterized “White culture” as inherently supremacist, and in one session, a DOE executive stated, “There is white toxicity in the air, and we all breathe it in.” Chislett said she was called “racist” and “white and fragile” after disciplining staff. 

She further alleged that her supervisors, including then-Deputy Chancellor LaShawn Robinson, dismissed her repeated complaints, leading her to resign after medical leave.

Chislett described the ruling as a “long-awaited vindication,” though she noted it cannot restore her career. Her attorney, Davida Perry, argued the decision makes clear that “discrimination based on race will not be accepted in any form.”

Broader Debate Over DEI

The case adds to growing litigation nationwide challenging diversity, equity, and inclusion (DEI) programs. Federal courts have recently been asked to determine whether such training violates civil rights laws when employees feel targeted by race-based messaging. 

The U.S. Department of Justice also warned in July that segregating employees by race or stereotyping them in training sessions could be unlawful.

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