Second Circuit Allows Claim That "Implicit Bias Trainings" Constituted Racial Harassment

The decision in Chislett v. N.Y. City Dep't of Ed., decided today by Judge Pierre Leval, joined by Judges Joseph Bianco and William Nardini, dealt with a lawsuit brought by Chislett, a New York educator and administrator. Following a Department program of implicit bias trainings, and conflict that arose there, Chislett was demoted and then quit. The court rejected Chislett's claim of discriminatory demotion and constructive discharge, but held that Chislett's hostile work environment claim could go forward; here's an excerpt from the long opinion:

The test for a hostile work environment involves "both objective and subjective components: the conduct complained of must be severe or pervasive enough that a reasonable person would find it hostile or abusive, and the victim must subjectively