In late July 2024, a federal judge permanently blocked implementation of a portion of the controversial Stop WOKE Act that would have restricted the types of training employers could mandate for their employees. This provides a welcome reprieve to employers in Florida who seek to implement diversity, equity, and inclusion (DEI) training.
Stop WOKE Act Terms
Gov. Ron DeSantis signed the Stop WOKE Act in April 2022. By its terms, the law prohibits workplace training, instructions, or other required activities that espouse, promote, advance, inculcate, or compel employees to believe explicitly identified topics—including, but not limited to, the following—that suggest:
- Members of one race, color, sex, or national origin are morally superior to members of another;
- An individual, by virtue of his or her race, color, sex, or national origin, is inherently racist, sexist, or oppressive, whether consciously or unconsciously;
- An individual bears responsibility for, or should be discriminated against or receive adverse treatment because of, actions committed in the past by other members of the same race, color, sex, or national origin;
- An individual, by virtue of his or her race, color, sex, or national origin, should be discriminated against or receive adverse treatment to achieve diversity, equity, or inclusion; and
- An individual bears personal responsibility for and must feel guilt, anguish, or other forms of psychological distress because of actions, in which the individual played no part, committed in the past by other members of the same race, color, sex, or national origin.
Such training would have constituted an “unlawful employment practice” and aggrieved employees would have been able to assert claims against their employers.
Challenges to the Stop WOKE Act
The Stop WOKE Act was immediately challenged on First Amendment grounds by employers that desired to utilize DEI training and companies that provide such training. Generally, the First Amendment restricts the government from burdening free speech, but allows private actors, such as private employers, to restrict speech. Those challenging the Stop WOKE Act argued that it violated the First Amendment because the government told private employers what they could and could not say during employee training.
In August 2022, a judge in the U.S. District Court for the Northern District of Florida agreed with the plaintiffs and issued a preliminary injunction banning enforcement of these provisions of the Stop WOKE Act. The state appealed this decision to the U.S. Court of Appeals for the Eleventh Circuit. In March 2024, the Eleventh Circuit agreed with the district court and upheld the preliminary injunction on First Amendment grounds. More recently, after two years since the first challenge was issued, the district court issued its final order, permanently preventing the implementation of these provisions of the Stop WOKE Act.
As a result, there is no bar to employers in Florida adopting DEI training programs and requiring employees to attend mandatory DEI training, including about the topics identified in the law.
This article originally appeared on Lewis Brisbois.
About the Author:
Nicole Vescova is a partner at Lewis Brisbois. Nicole.Vescova@lewisbrisbois.com