05-20-2026
The Colorado Department of Corrections required its employees, including Joshua Young, a White man, to attend a training program on racial sensitivity. Young said the training was so extreme that it created a hostile and discriminatory work environment for him.
The Tenth Circuit Court of Appeals considered Young’s claim. To establish his claim, Young had to show his work environment was “permeated with ‘discriminatory intimidation, ridicule, and insult’ that is sufficient severe or pervasive to alter the conditions of the victim’s employment and create an abusive working environment.” A few isolated incidents rarely permeate the workplace sufficiently to meet this standard. The appellate court determined the sensitivity training program alone was insufficient to trigger employer liability.
Young pointed to generalizations about White people mistreating racial minorities, recommended videos for additional education, and a glossary of terms to support his claim. The court accepted Young’s allegations and that he found them offensive. His claim, however, fell short because Young did not allege how this content impacted his job responsibilities, interactions with co-workers, or career advancement. He did not plead any facts showing he had experienced negative feedback following the training or that his supervisors had discussed the training content afterward. The Tenth Circuit remarked that an “ongoing, continuing commitment” by the employer to mandatory sensitivity training with similar content could rise to a hostile workplace claim. But Young quit his job just four months after the training session.
Takeaways: The circuit court stated that diversity training sessions could become unlawful discrimination in some circumstances. The burden, however, for employees, alleging a hostile work environment remains the same. They must establish severe or pervasive behavior that permeates their work environment. A single incident must be particularly severe to meet the standard.