Dive Brief:
- A White former HR employee for a Pennsylvania-based polling organization may advance her race-based discrimination, retaliation and hostile work environment claims alleging that she was treated less favorably than Latin American employees, a federal judge held Aug. 24.
- The plaintiff in Ballas v. Equis Research claimed to have experienced several instances of racial hostility, such as exclusion from a company-organized diversity, equity and inclusion webinar designated for practitioners of color. The session was allegedly described in emails as “not for [W]hite folks,” per court documents.
- After the employer later downsized the plaintiffs’ team, she was allegedly replaced with a Latina employee who had no HR background. The court granted dismissal of some of the plaintiff’s claims but allowed others to proceed. It determined that the plaintiff pleaded a “widespread, workplace-wide pattern of race-based animus.”
Dive Insight:
The court analyzed materials to support its conclusion, such as an external HR investigator’s findings about the employer, Equis Research, which provides research and polling on Latino voters. Per the court, the investigator documented that Equis Research leadership was “not crazy about [W]hite people around here,” while multiple employees said the firm had racial preferences in its hiring.
Separately, the court cited the results of an anonymous employee survey in which employees asked Equis Research to “stop hiring [W]hite people.” In another instance, a Latino employee performed a peer review for a White employee — who was not the plaintiff — that referenced the latter’s “white privilege.”
These findings, taken together with the plaintiff’s allegation that her supervisor failed to take corrective action when she reported her exclusion from the DEI webinar, provided sufficient evidence of racial hostility, the court concluded.
“Though ‘offhand comments and isolated incidents’ are generally insufficient to state a claim for a hostile work environment […] Plaintiff’s allegations, taken as true, demonstrate an environment where racial hostility was institutionalized, pervasive, and endorsed by leadership,” it said.
Race-segregated DEI trainings have drawn the attention of regulators like the U.S. Department of Justice, which issued guidance last year prohibiting employers receiving federal funds from conducting such training. The same practice is at the center of a U.S. Equal Employment Opportunity Commission lawsuit filed earlier this month alleging that Washington University separated breakout rooms in a DEI training based on participants’ race.
The decision in Ballas continues an ongoing trend of “reverse discrimination” court rulings that have favored majority-group plaintiffs alleging job discrimination. To defend against such claims, employers will need to balance inclusivity with policies and practices that are fair and nondiscriminatory with respect to any demographic group, one attorney previously told HR Dive.