Employers Talking About Race Any Race With a Constant Drumbeat of Essentialist, Deterministic, and Negative Language Risks Racial Harassment Liability

An excerpt from De Piero v. Penn. State. Univ., decided Thursday by Judge Wendy Beetlestone (E.D. Pa.) (there are also other legal theories that the court rejects, which you can see discussed in the full opinion):

{De Piero{, a white man,} [argues] that his department’s discussions of “antiracism,” “white supremacy,” “white privilege,” and other concepts relating to discussions of race on campus, all of which “repeatedly singl[ed] out and demean[ed] faculty members on the basis of race,” subjected him to a hostile work environment.} De Piero & began working at Penn State Abington as a non-tenure-track Assistant Teaching Professor of English and Composition in 2018. Penn State Abington holds itself out as “the most diverse campus within” the Penn State system “and the only majority minority campus.” &

via reason.com

Eugene Volokh.