Denver Colorado – Jan. 20, 2022 — A former Colorado corrections officer is suing the Department of Corrections and others in federal court over mandated “Equity, Diversity, and Inclusion” training that created a racially hostile and discriminatory workplace, further ratcheted-up racial tensions inside the prison, and seemed designed to undermine the morale and teamwork of the facility’s guards, increasing risks for prisoners and guards alike.
The official training stated that all white individuals are racist, that the concept of race was invented by white people to justify oppressing non-whites, and that if a white individual denies their part in white supremacy, that is merely evidence of their “white fragility.” Other documents promoted by Colorado noted that training leaders needed to watch out for “white norms” and “White Talk” when running discussion groups.
Our client, Joshua Young of Colorado Springs, was a rising star at the Colorado Department of Corrections. He was one of the first employees promoted from his graduating class, advancing to the role of Corrections Officer at Limon Correctional Facility in 2017. Shortly after, in 2019, he served as a Housing Sergeant in a close custody unit, running one of the most difficult prison units in the state. Later, as a “Visiting Sergeant,” he screened visitors and ensured the safety of both visitors and prisoners during visitation periods. In short, his job depended on making good decisions and not treating situations, inmates, or visitors differently on the basis of their race or skin color.
But Young resigned his position after the Colorado Department of Corrections mandated “Equity, Diversity, and Inclusion” training at the facility that created hostile and dangerous working conditions. This training not only violated Young’s legal right to a discrimination-free workplace – it also put the safety of everyone working at or serving time at the facility by raising the risk of race-based tensions, turmoil, or even violence.
Colorado was unnecessarily and recklessly throwing gasoline on a fire, given the racial divisions that already were pervasive among inmates. And Young feared that the unity, cohesiveness and morale of the guard force would suffer, putting everyone in the facility at greater risk, when state-sponsored racial thinking and indoctrination permeating its ranks as well.
“The prison, unfortunately, is a really racially charged place,” explains Young, with inmate gangs and groups divided along racial lines, which just raises the normal dangers and tensions one would expect in that world. The guards, by contrast, were very diverse but also very unified. “We had, and needed, great camaraderie and teamwork between us,” according to Young. Without that unity, the world on the inside of the razor wire becomes an even more perilous place to live and work.
The training imposed by the state bothered Young not just because of the false and divisive messages the guards were being asked to endorse, but due to the dangerous disunity it could sow among guards and other corrections personnel, who need to work in unison and present a united front in order to maintain order.
“Here the state is coming in and insisting that we can’t do our jobs without seeing people through the lens of skin color,” says Young. “The message being delivered is that we can’t trust each other to overcome our skin color, which to me seems like a very superficial thing to have to overcome.”
Young was subjected to hostile work environment discrimination under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et. seq,, according to the complaint, which makes it unlawful for an employer “to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin.’” The Colorado Department of Corrections implemented mandatory trainings that made sweeping negative generalizations regarding individuals who are white, and other gross generalizations about members of other racial demographics, created a racially hostile environment for Mr. Young, the complaint further alleges.
Follow this link to see a detailed case page
Follow this link to read the complaint.
Members of the press can follow this link to register for a media availability with Young and MSLF General Will Trachman at 12:00 pm today
“State-sponsored racism is never appropriate,” said MSLF General Counsel William E. Trachman. “Josh was forced to listen to bigoted official training telling him that he was a racist and white supremacist because of the color of his skin, and that his daily actions contributed to white supremacy. Colorado’s prisons are worse off, and the state is worse off, because of this training.”
Added Trachman: “Josh’s job depended on treating prisoners, visitors to the prison, and his colleagues equally, without regard to race. Forcing him to listen to official training that called him a racist and white supremacist drove a wedge between himself and his job duties, and made the prison environment toxic and dangerous.”
MSLF filed the case in federal court in Denver, seeking damages and injunctive relief to stop the Department of Corrections from using this training, and the Colorado Department of Public Health and Environment from maintaining it for other state agencies.