CEO VICTORY: 9th Circuit Strikes Down Mandatory Discriminatory DEI Workplaces

Center for Equal OpportunityKeeping Up with CEO

Dear CEO Supporters,

We are thrilled to share another major victory for colorblind equality and individual merit. The U.S. Court of Appeals for the Ninth Circuit delivered a decisive ruling in Diemert v. City of Seattle, reviving claims against municipal DEI policies that forced employees into racially divided training sessions and created a hostile work environment based on race. CEO played a major role in this litigation effort, driving key legal arguments and expert testimony.

  • Expert Witness Testimony: Former CEO President and General Counsel Devon Westhill—who now serves as Assistant Secretary for Civil Rights at the U.S. Department of Agriculture—provided crucial expert witness testimony on behalf of Mr. Diemert.
  • Amicus Curiae Representation: CEO Policy Fellow and Civil Rights Fellowship alumnus Anthony Pericolo represented amici supporting Mr. Diemert before the Ninth Circuit, authoring an analysis on when DEI becomes discrimination.

The Ninth Circuit’s ruling sends an unmistakable signal to government agencies and corporate employers across the nation: divisive racial mandates and compelled speech in the workplace will not withstand constitutional scrutiny.

Whether before federal appellate courts or pushing back against administrative overreach, CEO continues to deliver high-impact results for colorblind equal opportunity. We are deeply grateful for your continued partnership as we defend individual merit across America.

Sincerely,

Rudy Gersten
Executive Director