In mandatory trainings, Joshua and his fellow employees were told outrageous and offensive statements such as “white people are cannibals,” “racism is in white people’s DNA,” and “white people are like the devil.” Staff were required to participate in racially segregated “caucuses,” play “privilege bingo,” and rank themselves on a so-called “continuum of racism.” The training was intended to permeate throughout all facets of their employment such that all professional interactions were required to “center People of Color” while “de-centering whiteness.” 

When Joshua questioned this ideology, he wasn’t met with reasoned dialogue, he was accused of suffering from “white fragility” or “white defensiveness,” which the city treated as psychological problems that only proved his need for more Orwellian “training.” The city’s program created a closed loop where any dissent was automatically labeled as racism. In time, the hostile environment became unbearable, and Joshua was forced to resign. 

MSLF’s brief supports Joshua’s challenge to the City of Seattle for creating a racially hostile work environment, violating the Equal Protection Clause, and trampling Joshua’s First Amendment rights by forcing him to participate in compelled speech and ideological conformity. This case is not just about one employee—it’s about drawing a line in the sand against government programs that dehumanize individuals and erode fundamental freedoms. 

The federal district court dismissed the case, not by analyzing facts, but by starting from the flawed premise that “D.E.I. programs are not by their very nature discriminatory against Whites.” This dangerous reasoning creates a judicial safe harbor for the very discrimination our laws were meant to prevent. By ignoring the actual mechanics of Seattle’s program, the court’s decision effectively gives a green light to state-sponsored racism.  

The City of Seattle’s RSJI program embodies everything MSLF was created to oppose: government overreach, racial classification, and the subordination of individual rights to ideological dogma.  We are fighting to reverse this dismissal and secure Joshua’s day in court. 

Our legal team is determined to build on recent Supreme Court victories—Students for Fair Admissions (2023) and Ames v. Ohio Department of Youth Services (2025), which reaffirm that racial classifications by government are subject to strict scrutiny and that Title VII protections apply equally to all races. This case is an opportunity to establish clear precedent that race-based hostility and compelled ideology have no place in public employment. 

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Since 1977, MSLF has fought to protect private property rights, individual liberties, and economic freedom. MSLF is a nonprofit public interest legal foundation. We represent clients pro bono and receive no government funding. Make your 100% tax deductible contribution today and join the fight.

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Status

Court

United States Court of Appeals for the Ninth Circuit

Representation

Amicus

What’s at Stake?

The stakes in this case extend far beyond Seattle. If this ruling is allowed to stand, it will send a chilling message: government agencies can discriminate, demean, and harass  certain employees simply by calling it “equity,” and they can compel workers to profess ideologies they don’t believe in. 

Such a precedent would: 

  • Undermine the Equal Protection Clause, allowing the government to treat citizens as members of racial categories instead of individuals. 
  • Weaken Title VII protections, leaving government employees defenseless against race-based harassment. 
  • Encourage unelected bureaucrats to push divisive racial agendas without oversight or accountability. Sanction compelled speech, turning public employment into a vehicle for enforcing state-approved ideology. 

True equality means equal treatment under the law for every American, regardless of race. We are fighting to protect not just Joshua Diemert, but every American who values freedom of thought, dignity in the workplace, and the Constitutional promise of colorblind government. 

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