When DEI Becomes Discrimination: The Case of Diemert v. City of Seattle

As a member of CEO’s inaugural class of Fellows, and then CEO’s first Visiting Fellow, I brought my commitment to colorblind equal opportunity with me to private practice. While my practice has focused on patent law, I hoped to be able to continue to promote CEO’s mission in my pro bono work. Luckily, with the help of fantastic mentors, I was able to coordinate with Pacific Legal Foundation and the Center for Equal Opportunity to file an amicus brief in support of the plaintiff in Diemert v. City of Seattle.

I had developed some familiarity with the facts of the case as CEO’s Visiting Fellow. In the past several years, workplaces have unleashed DEI trainings on its employees. While these are touted to employers as a tool to promote team-building and improve awareness about cultural differences, it quickly became clear these race-conscious curricula instead create division, training employees on how to discriminate against each other on the basis of race and religion.

And that’s exactly what happened in Seattle.

The City of Seattle implemented a regime of DEI trainings that, according to the allegations of City employee Mr. Joshua Diemert, effectively trained City employees to discriminate against their peers and subordinates. The City’s Race and Social Justice Initiative (“RSJI”) asserts that “[a]ll white people are racist,” while people of color “cannot be racist.” The City of Seattle’s Race and Social Justice Initiative (“RSJI”) are race-conscious indoctrination sessions that blame everything—from historical injustices to employee conflicts—on White people.

Mr. Diemert, who is White, experienced firsthand the consequences of the RSJI. His colleagues denied services to White homeless applicants because of their “White privilege.” When Mr. Diemert objected, his supervisors and coworkers reprimanded him, called him a racist, and forced him to take RSJI training. Mr. Diemert’s coworkers and supervisors heard the RSJI’s message loud and clear: anyone who challenges their notion of “White supremacy” must be punished.

It sounded absurd: a government program openly telling employees that some people are inherently racist while others cannot be racist, and then punishing anyone who objects. When Mr. Diemert sued Seattle because the RSJI led to his racially hostile work environment, his case should have been an easy win.

However, a federal District Court effectively handed government employers a “get-out-of-discrimination-free” card. The ruling implies that a city can segregate employees by race, instill racial stereotypes, and enforce discriminatory practices—as long as they claim good intentions. This is not a bug; it is a dangerous precedent.

Make no mistake: this is not just a “white employee problem.” The precedent here endangers everyone. If government agencies can segregate, stereotype, and punish employees based on race under the pretense of DEI, your rights could be next. Federal protections against discrimination exist to prevent exactly this kind of state-sponsored bias. Allowing programs like Seattle’s RSJI to stand unchallenged turns the law on its head and signals that race-based favoritism is acceptable—and potentially mandatory—in government workplaces.

If courts continue down this path, all employees—regardless of race—will find their rights imperiled. Civil rights aren’t privileges for some; they are protections for all. It’s time to reclaim that principle before discriminatory DEI policies become the norm.

Continuing the Work

Even after my fellowship ended, I stayed connected with those involved in litigating Diemert v. City of Seattle. When the opportunity arose to support the appeal through an amicus brief, I knew it was worth pursuing. There are people in private law practice who genuinely care about colorblind equal opportunity, and I reached out to one of them—a partner I knew shared that conviction.

I asked if he might be interested in taking on the amicus opportunity in the Diemert appeal. I wrote a proposal, developed a plan, and he agreed to take on the matter, with me taking the lead on the project. Together, we helped file an amicus brief urging the Ninth Circuit to reaffirm the principle that civil rights belong to all Americans, regardless of race.

You can read more about that effort here: Steptoe Files Pro Bono Amicus Brief in Ninth Circuit Anti-Discrimination Case.

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