The Job Judge

Can a White Man Sue Claiming He was Terminated in the Name of DEI?


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The Job Judge podcast discusses the negative reputation that diversity, equity, and inclusion (DEI) programs have been receiving due to being hijacked by individuals wanting to replace white men with women and people of color. However, DEI was never meant to be an affirmative action program, but rather a tool to help individuals succeed in their job. The podcast cites a case from the Fourth Circuit Court of Appeals in March 2024 where a white man, David Duval, sued his former employer, Novent Health, under Title VII of the Civil Rights Act for being fired solely to achieve racial and gender diversity targets. The court found that Novent Health had no record of any documented criticism of Duval's performance or reasons for termination, and that he had performed exceptionally well in his role. Therefore, the court ruled in favor of Duval and awarded him with $10 million in damages. The case serves as an important example for corporations implementing DEI programs to understand that it is illegal to fire individuals in the name of DEI to achieve equity. The podcast stresses that DEI is about inclusion and belonging and not about replacing one group with another.

"I'll be the judge of that!"
The Job Judge Podcast is a podcast for anyone who works. This is not legal advice! Engaging and informative, it’s a must-listen/watch for any manager, business owner, HR professional, or anyone who works. Relying on three decades of experience as an employment law attorney and HR Executive, Karen Michael uses real case studies in the news and navigates through the legal landmines and workplace dysfunction that we know is probably happening right now in your organization.

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