Discrimination & Diversity
Navigating Workplace Discrimination and Diversity Challenges
Law Student Sues Chicago Bears Over Diversity Fellowship
In a case that highlights the complexities of workplace discrimination laws, a DePaul University law student has filed a lawsuit against the Chicago Bears, alleging he was denied a summer fellowship due to his race and gender. The lawsuit raises important questions about the legality of diversity-focused hiring practices and serves as a reminder of the fine line employers must navigate when implementing such initiatives.
The Case Overview
Jonathan Bresser, a white male law student, applied for the Bears’ “Legal Diversity Fellow” position in November 2023. The fellowship offered law students the opportunity to gain hands-on legal experience while contributing to the team’s Diversity Equity & Inclusion (DEI) efforts. However, the job posting explicitly stated that applicants must be “[p]ersons of color and/or female law students.”
Despite highlighting his two years of experience as a litigation paralegal and his commitment to diversity in his application, Bresser received a rejection email in January 2024. The Bears stated they had “chosen to pursue other applicants whose experience and qualifications more closely match our needs.”
On March 11, 2024, Bresser filed a lawsuit in Illinois federal court, alleging that the Bears violated Title VII of the Civil Rights Act and Illinois anti-discrimination laws by rejecting him based on his race and gender.
The Legal Issues at Stake
Under Title VII, employers are prohibited from making hiring decisions based on race or sex unless under specific circumstances involving affirmative action plans. Such plans must:
Address clear racial imbalances in specific job categories;
Avoid unnecessarily disadvantaging non-minority candidates;
Be temporary in nature.
The Bears’ program does not appear to qualify as an affirmative action plan under these criteria. Bresser claims that his race and gender were deciding factors in his rejection, pointing to LinkedIn activity showing that someone from the Bears viewed his profile—containing his photo—shortly before rejecting him. Additionally, the explicit mention of race and gender as eligibility criteria strengthens his argument.
While Bresser met the minimum qualifications for the role, his lack of sports industry or advanced legal experience may weaken his case compared to other candidates from Chicago’s competitive law schools. However, Title VII’s protections remain clear: employment decisions cannot be based on protected characteristics like race or gender.
What This Means for Employers
This case underscores the legal risks organizations face when implementing diversity-focused hiring practices. While promoting diversity is an admirable goal, explicitly tying eligibility to race or gender can violate federal and state anti-discrimination laws.
Employers should consider alternatives that promote diversity while adhering to legal requirements, such as:
Requiring applicants to submit adversity statements discussing how their background shaped their experiences or perspectives.
Opening opportunities to candidates who have overcome significant hardships or systemic disadvantages, regardless of race or gender.
These approaches allow organizations to focus on merit while still addressing historical inequities.
How We Can Help
At Marc Trent Law, we specialize in navigating complex employment discrimination cases like this one. Whether you are an individual who believes you’ve been discriminated against or an employer seeking guidance on legally compliant hiring practices, we are here to help.
Our expertise includes:
Employment Discrimination Cases: Representing individuals in Title VII claims involving race, gender, or other protected characteristics.
Policy Development and Compliance: Advising employers on creating diversity programs that meet legal standards while achieving organizational goals.
Litigation Support: Providing aggressive representation for clients involved in workplace discrimination disputes.
If you’re facing challenges related to workplace discrimination—whether as an employee or employer—contact us today for a consultation.
