Court of Appeals Says Company Statement Promoting DEI Not Evidence of Discriminatory Hiring

There are some workplaces where messaging related to Diversity, Equity and Inclusion (DEI) is prevalent. It is natural that a person who does not fall into one of the groups aided by a company’s DEI initiatives might feel like that they didn’t get the position they wanted because they didn’t check the right demographic box. However, winning damages in a discrimination lawsuit requires more than a suspicion that a company’s culture contributed to an adverse employment decision. 

In Armstrong v. Warner Brothers, the U.S. Court of Appeals for the Ninth Circuit affirmed summary judgment for the defendant, underscoring the evidentiary burden plaintiffs must meet to show that a hiring choice was made because of race. The ruling places great emphasis on the lack of a demonstrated link between stated corporate diversity principles and the decision of WB’s Patti Lee not to offer Brian Armstrong a job.

Rumors or reports of general comments that a particular company is biased against a certain group generally are not sufficient to establish a that a given action was motivated by illegal discrimination. Likewise, the court noted that WB’s “Commitment to Diversity and Inclusion” contains no specific instructions or directives about whom to hire. Still, considering the increased emphasis on DEI-related employment law violations, companies might want to evaluate their diversity messages and remove any language that could be construed as a quota directive. 

Despite the summary judgment dismissal in Armstrong, you should not be reluctant to explore your options should you suspect that a legally protected personal characteristic cost you a job. Diversity statements might not provide conclusive proof of discrimination, but they can reflect an internal culture that rewards hiring managers for bringing on employees from certain groups. A qualified lawyer can review pertinent records and interview individuals with relevant information to identify the true motivation for a hiring or promotion decision. 

Kardell Law Group seeks justice for clients who have been victimized by workplace discrimination. No matter the specific type of unlawful bias, you can count on us for honest counsel in pursuit of a favorable outcome.