The Threat to DEI Programs and Worker Protections: What Employees Need to Know

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Attacks on Diversity, Equity, and Inclusion (DEI) programs have escalated, with some companies and lawmakers scaling back efforts to promote fair hiring and advancement. Recent government actions, including pressure from state attorneys general, raise concerns about workplace discrimination. However, federal and Minnesota laws still prohibit bias in employment, and rolling back DEI may actually increase legal risks for employers.

DEI Does Not Mean Hiring Unqualified Candidates

DEI programs do not require companies to hire unqualified applicants. Instead, they help ensure fair access to opportunities by addressing barriers that have historically excluded certain groups. These policies expand applicant pools, reduce bias in hiring, and foster inclusive workplaces—all while keeping merit and qualifications at the core of employment decisions. Misconceptions that DEI lowers standards misrepresent its purpose, which is to create a fair and competitive job market.

Workplace Discrimination Remains Illegal

Despite efforts to dismantle DEI, federal and Minnesota laws still prohibit workplace discrimination. Title VII of the Civil Rights Act bars discrimination based on race, sex, religion, and national origin. The Americans with Disabilities Act (ADA) and Age Discrimination in Employment Act (ADEA) provide further protections. Minnesota’s Human Rights Act (MHRA) goes even further, banning discrimination based on sexual orientation, gender identity, marital status, and more.

Ending DEI Could Be Evidence of Discrimination

Companies that eliminate DEI efforts may be increasing their legal exposure. The National Employment Lawyers Association (NELA) recently explained why litigation risk increases as private employers abandon DEI efforts. Courts could view these rollbacks as:

  • A Recognition of Past Bias: If a company once acknowledged inequities and acted to fix them, removing DEI programs could signal a return to exclusionary practices.
  • A Sign of Hostility Toward Inclusion: Firing DEI officers or dissolving employee resource groups may suggest discriminatory intent.
  • A Basis for Disparate Impact Claims: If workplace diversity declines after DEI cuts, employees may have grounds for legal action.

Minnesota Employees Have Strong Protections

The MHRA ensures that eliminating DEI cannot justify discrimination in hiring, pay, or promotions. Employees facing workplace bias can file complaints with their employer, the Equal Employment Opportunity Commission (EEOC), or the Minnesota Department of Human Rights.

Conclusion

DEI programs aim to create fair workplaces by ensuring qualified individuals aren’t excluded due to bias. As some employers back away from these commitments, workers should stay informed of their rights. Companies that retreat from DEI without safeguarding against discrimination may face legal challenges—and employees should know the law remains on their side. Contact us today if you have questions about DEI efforts, discrimination, or other human rights issues at your workplace.

Kitzer Rochel Recognized by Tech Titan

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Kitzer Rochel is proud to announce that we have been recognized by ModeOne as a Service Partner! ModeOne is a cutting-edge leader in providing high quality solutions for and obtaining and analyzing vital evidence stored on smartphone and short-message chat applications. By choosing to partner with ModeOne, Kitzer Rochel continues its commitment to providing its clients with the best tools for success in their cases.

In recognizing Kitzer Rochel as a Service Partner, ModeOne highlights Kitzer Rochel’s promise of excellence to its clients, by using the best tools available and utilizing pioneering technology. Kitzer Rochel looks forward to continue to grow its relationship with legal technology leaders like ModeOne. These two champions of greatness will continue to stand together as we change not only the legal landscape, but the world.

Arbitration Agreements Deemed Invalid for Sexual Harassment Claims Filed After New Law

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In a significant ruling, a federal appellate court clarified that sexual harassment and similar claims cannot be forced into arbitration. The United States Court of Appeals for the Eighth Circuit affirmed that arbitration agreements cannot be enforced for claims of sexual harassment and assault filed after the enactment of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021. This decision came in the case of Famuyide v. Chipotle Mexican Grill, Inc., where the court upheld a district court’s refusal to compel arbitration based on this new federal law.

The case centers on Eniola Famuyide, who filed a lawsuit against Chipotle in April 2023, alleging sexual harassment and assault by a co-worker, as well as related claims under Minnesota law. Chipotle attempted to enforce an arbitration agreement that was part of Famuyide’s employment contract. However, the court determined that the dispute arose after March 3, 2022, the effective date of the federal law, allowing Famuyide to bypass the arbitration clause.

The ruling highlights the court’s interpretation of when a “dispute” arises under the statute. The court rejected Chipotle’s argument that the dispute began when the harassment and assault occurred in 2021, or when preliminary legal correspondence was exchanged in early 2022. Instead, the court found that no formal conflict or controversy existed between Famuyide and Chipotle before the Act’s effective date, making the arbitration agreement unenforceable.

This decision underscores the protection the Ending Forced Arbitration Act provides to survivors of sexual harassment and assault, ensuring that such claims can be pursued in court, rather than being forced into private arbitration, as long as the disputes arose after the law’s enactment. The Eighth Circuit’s ruling is a clear message that arbitration clauses will not be a barrier to seeking justice in these sensitive and significant cases.

If you have questions about sexual harassment, forced arbitration, or employment law generally, contact our team of experienced trial lawyers today.

Brian Rochel Named Top Lawyer by Minnesota Monthly

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We are pleased to announce that Brian Rochel was recognized as a Top Lawyer in Minnesota for 2024 by Minnesota Monthly Magazine. This is a prestigious recognition reserved for select attorneys who are selected by their peers specifically in Labor and Employment Law.

Brian is humbled to be recognized for this honor and looks forward to continuing to push for excellence in representing workers across the state of Minnesota. If you have questions about employment law or believe you may have been treated unlawfully at work, contact Kitzer Rochel today.

Phillip Kitzer Presents on AI at National Employment Lawyers Association Annual Conference

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Attorney Phillip Kitzer recently presented at the National Employment Lawyers Association (NELA) Annual Conference held in Philadelphia, PA. The conference, known for its focus on advancing employee rights, featured a range of speakers and topics. Mr. Kitzer’s presentation focused on the practical and ethical uses of artificial intelligence (AI) for plaintiffs’ employment attorneys.

Mr. Kitzer was joined by Jeffrey Chivers, CEO of Syllo, a leading AI technology company. Together, they explored how AI can enhance legal practices, particularly in employment law. Their session was part of the Continuing Legal Education (CLE) program, providing valuable training and education for legal professionals, and included topics such as:

  • Automating Document Review and Discovery: AI tools can expedite the document review process, identifying relevant documents quickly and accurately. This reduces the time attorneys spend on these tasks, allowing them to focus more on strategy and client interaction.
  • Predictive Analytics for Case Outcomes: Using AI to analyze past case data can help predict potential outcomes, aiding attorneys in making informed decisions about case strategies. Predictive analytics can provide insights into the likelihood of success and guide settlement negotiations.
  • Ethical Considerations in AI Deployment: The ethical implications of using AI in legal practices are paramount. Topics included ensuring data privacy, avoiding biases in AI algorithms, and maintaining transparency with clients regarding AI usage.
  • Enhanced Legal Research Capabilities: AI-powered legal research tools can swiftly scan through vast databases of legal precedents, statutes, and case law, delivering pertinent information that can support case arguments and legal strategies.
  • Client Management and Communication: AI can improve client management by automating routine communications, scheduling, and follow-ups. This ensures a more efficient process and helps maintain consistent and effective client interactions.

Mr. Kitzer and Mr. Chivers emphasized that while AI offers numerous advantages, it is crucial to integrate these technologies responsibly and ethically. The future of legal practice, especially in employment law, is poised to be transformed by AI, and staying informed and prepared is essential for practitioners.

For more information on our firm’s approach to integrating technology in legal practice, or to schedule a consultation, please contact us.

Frances Baillon Presents on Recent Employment Law Decisions

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Frances Baillon, along with co-panelists Celeste Culberth and Emma Denny, presented to the Minnesota Chapter of the National Employment Lawyers Association regarding recent employment law cases decided by the Minnesota Supreme Court, Court of Appeals and Minnesota Federal District Court. The panel also discussed significant cases currently pending before the Minnesota and U.S. Supreme courts.

Frances is recognized as a leader in the employment law community, particularly on issues regarding appellate decisions. If you have questions about employment law in Minnesota, please contact us today to learn more.

Kitzer Rochel Attorneys Recognized as Minnesota Super Lawyers

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Kitzer Rochel is excited to announce that the dedication and expertise of our legal team have been recognized yet again as both Brian Rochel and Phillip Kitzer have been selected as Super Lawyers in Minnesota for this year. We are immensely proud of this recognition and grateful for the trust our clients place in us year after year.

Super Lawyers is a highly respected rating service that annually recognizes outstanding lawyers from various practice areas across the country. Each year, candidates undergo a rigorous selection process, involving nominations, independent research, and evaluations. Being chosen as a Super Lawyer is a remarkable achievement, as it reflects not only exceptional legal skills but also a consistent track record of success and the highest level of professional ethics.

We remain committed to upholding the highest standards of legal excellence and providing the best possible representation to our clients. Thank you to our clients and peers for placing their trust in us, and we look forward to continuing to serve the community with expertise, integrity, and compassion.

Brian Rochel and Phillip Kitzer Elected as MN-NELA Board Officers

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Phillip Kitzer and Brian Rochel have both been elected to serve in leadership roles on the Board of the Minnesota Chapter of the National Employment Lawyers Association (MN-NELA). Brian Rochel has been elected the President of the Board, and Phillip Kitzer has been elected Secretary. Each will serve one-year terms.

Brian was elected to serve a three-year term the on the MN-NELA Board in 2021, and Phillip was elected to a three-year term in 2022. Phillip and Brian have each served on the MN-NELA Board in the past (with Phillip serving as a past President) and are proud to be able to do so again.

Brian Rochel and Phillip Kitzer Recognized as Super Lawyers

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Kitzer Rochel is proud to announce that Brian Rochel and Phillip Kitzer have both been selected as a Minnesota Super Lawyer in 2022. Attorneys are selected based on their professional accomplishments and leadership skills.

Both Mr. Rochel and Mr. Kitzer are highly dedicated attorneys who practice on behalf of employees involved in a wide variety of employment-related legal disputes. They represent whistleblowers and other employees who are wrongfully terminated, discriminated and/or retaliated against. Mr. Rochel serves on the Board of Directors for the Minnesota Chapter of the National Employment Lawyers Association, and Mr. Kitzer serves on the Governing Counsel for the Labor and Employment Law Section of the Minnesota State Bar Association. Mr. Rochel and Mr. Kitzer are each certified as Labor and Employment Law Specialists by the Minnesota State Bar Association.

If you would like to consult with Mr. Kitzer or Mr. Rochel, please contact us today.

Phillip Kitzer Presents at Minnesota State Bar Association Event

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In May 2022, Phillip Kitzer, along with Jessica Roe, led a Continuing Legal Education (CLE) presentation titled, “Oh Henry! An Analysis of Adverse Employment Actions and Other Legal Issues.” The panel, hosted by the Minnesota State Bar Association (MSBA), discussed adverse employment actions, constructive discharge, and the Frieler affirmative defense in light of a recently decided Minnesota Court of Appeals case, Henry v. Indep. Sch. Dist. #125. The Henry decision is currently on appeal at the Minnesota Supreme Court.

Phillip is regularly sought out as a panelist for discussions on employment law topics and has spoken around the country. If you have questions about employment law, please do not hesitate to contact us. We advocate on behalf of employees facing discrimination, retaliation, and whistleblower issues in the workplace.