From Norgren v. Minn. Dep't of Human Servs., decided Thursday by the Eighth Circuit, in an opinion by Judge Ralph Erickson, joined by Judges Michael Melloy and Davis Stras:
We take the facts from [Aaron Norgren's complaint]…. Aaron, who continues to work at DHS, has served as a security counselor with the Forensic Mental Health Program for nine years….
[Aaron and his father, Joseph, who also worked at DHS, received an email] … instructing him to complete [online] workplace trainings titled, "How to be Antiracist (CRT Training)" and "Understanding Gender Identity and Expression: Moving Beyond the Binary." … Commissioner Harpstead also emailed employees that the trainings were necessary to foster "brave conversations" and "change … minds for life" and DHS Assistant Commissioner Karen McKinney told employees that "we need all of you to do this."
The Norgrens alleged that the trainings instructed employees to speak or refrain from speaking on certain political and ideological matters. For example, the trainings mandated a minute of silence for George Floyd. They also directed employees to stop using the phrase "I am not a racist" as a defense, to admit to a specific definition of the word "racist," to confess to racist policies they supported, and to accept that the United States is the root of racist ideas. The Norgrens alleged the gender identity training instructed them to refrain from telling others that their gender identities are wrong. The Norgrens opposed the racism training as violative of the traditional view of equality under Title VII, and they opposed the gender identity training as contrary to their sincerely held religious beliefs….
