Seattle’s DEI Program Gets a Rude Awakening As Court Revives White Worker’s Harassment Claims

Seattle’s idea of fighting racism included a workshop where trainers allegedly told employees that racism was in white people’s DNA. Now the city will have to defend itself in court against a white former employee whose harassment claims a federal judge had thrown out.

On September 28, the 9th Circuit revived Joshua Diemert’s hostile work environment claims under federal and Washington law. The former Human Services Department employee alleges that Seattle’s Race and Social Justice Initiative helped turn his workplace into years of racial abuse. The appeals court found enough evidence for those claims to proceed.

His job was to review applications for Seattle’s Utility Discount Program. He’d worked there since 2013, had satisfactory evaluations, and had never been disciplined. The racial training came with the job. Human Services employees were expected to participate in two activities a year under the initiative, which dates to 2004.

Diemert described a November 2019 workshop where a trainer started talking about Columbus and cannibalism. The trainer’s supposed correction to the history lesson was that “all white people are cannibals.” Others allegedly said white people were “like the devil” and had racism in their DNA. After he spoke during the workshop, Diemert says coworkers called him a white supremacist.

Seattle had employees attending this on work time. Diemert was there to help people with their bills, and somehow cannibalism had made the agenda.

He also says he saw a coworker reject an eligible white applicant for utility assistance in 2016 over “white privilege.” He challenged her over it. His manager allegedly took the coworker’s side, berated him, and said racism against white people was impossible. That applicant qualified for assistance. Diemert’s account leaves Seattle defending an alleged denial based on the applicant’s skin color. 

A supervisor later allegedly told Diemert that keeping his leadership role prevented a person of color from being promoted. He stepped down. Another supervisor allegedly physically accosted him, called him a “colonist,” and blamed him for injustices in the United States.

Seattle disputes parts of his account. The appeals court reviewed the evidence in Diemert’s favor at this stage, rather than deciding which disputed allegations were true. But it rejected the lower court’s decision to end the harassment case:

We conclude that these incidents were sufficiently numerous, frequent, and severe to create a triable issue as to the existence of a racially hostile work environment. Viewed in isolation, the incidents at issue here might not be sufficient.

Iowa Solicitor General Eric Wessan posted pages from the ruling on X, describing a "Big loss for DEI in Seattle." The harassment claims now return to the district court.

Can a white man sue Seattle over its racially hostile wacky DEI programs? Yes, per Chief Judge Murguia. Big loss for DEI in Seattle--by an all-Democrat appointed Ninth Circuit panel. These racially discriminatory "Race and Social Justice Initiative" policies create liability pic.twitter.com/wfRAPANT1z

— Eric W. (@EWess92) September 28, 2026

RedState covered the controversy over racial training programs years ago. Diemert resigned in September 2021 and filed his lawsuit in November 2022. He's spent nearly four years trying to get these claims heard. His lawyers at Pacific Legal Foundation represent him for free. Laura D'Agostino called the ruling a vindication for all workers:

“Today’s decision sends a clear message: Title VII protects every employee from a racially hostile work environment, regardless of race. No one should have to endure years of racial hostility at work.”

The city won on the remaining claims, including retaliation and equal protection. This ruling allows the harassment case to proceed; liability still has to be determined, but it puts Seattle's racial initiative in front of a jury.

But keeping Seattle's racial initiative running is a choice city officials make. They’ve had it since 2004. They can scrap it, including the racial caucuses and privilege exercises, without waiting for Diemert’s case to finish. Residents need help paying utility bills. Employees need to be able to do that work without their race becoming a workplace grievance. Seattle should end the program.

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