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Matt Tellam represents employers in a variety of employment-related matters, including agency actions, disputes and litigation, workplace investigations, labor negotiations and arbitrations, and advice and counsel. He has considerable experience assisting employers with employee separations, including reductions in force.

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The Ninth Circuit’s decision in Diemert v. City of Seattle highlights some of the potential risks associated with workplace diversity initiatives, specifically, whether and under what circumstances they arguably foster conditions that contribute to unlawful race discrimination or harassment.

Reversing the district court’s summary judgment decision, the Ninth Circuit held that a jury should decide…