Employment law pop quiz #8

Is an employee's refusal to take DEI training a protected activity?

I think not. A recent 7th Circuit decision explains why. Vavra v. Honeywell (7th Cir 07/10/2024) [PDF].

Honeywell required its employees to complete online unconscious bias training. This was around 20 to 30 minutes long and entailed watching videos of different scenarios with a quiz at the end.

Charles Vavra refused. He never clicked the link to access the training. In spite of many reminders and his superiors urging him to take the training, he maintained his refusal.

Honeywell eventually fired Vavra for refusing to take the training.

Vavra sued under Title VII and the Illinois Human Rights Act claiming that firing him was in retaliation for engaging in protected conduct – opposing an action that violated the law. His point was that the training would vilify white people and treat people differently based on their race.

The court pointed out that in order to state a claim of retaliation Vavra needed to have an objectively reasonable belief that the training violated the law. However – because Vavra never took the training – he had no direct knowledge of its contents. Indeed, his supervisor told him that it was not racist and featured a white victim of unconscious bias.

So, in the end, the 7th Circuit affirmed summary judgment in favor of Honeywell because Vavra lacked an objectively reasonable belief that the training was unlawful. As the court put it, "An employee must have some knowledge of the conduct he is opposing for his belief to be objectively reasonable."

Your results may vary. If you have this issue, consult a good employment lawyer.
(Not me, I'm an arbitrator.)