What happened?

On July 26, 2024, Chief U.S. District Judge Mark Walker permanently blocked a portion of Florida’s “Stop WOKE Act” that restricted how companies discuss inclusion and diversity, holding it was unconstitutional.

What are the details?

Background:

• Florida’s “Stop WOKE Act” was championed by Governor Ron DeSantis and passed in 2022, aimed to restrict workplace training and educational discussions on race-related topics, including concepts like “white privilege.”

• In August 2022, Chief U.S. District Judge Mark Walker temporarily blocked the law. The temporary block was upheld by the 11th U.S. Circuit Court of Appeals in March 2023.

The Decision:

• On July 26, 2024, Judge Walker issued a permanent injunction against the workplace training part of the law, stating that it violated First Amendment rights by restricting free speech.
  • This ruling came after challenges from several businesses and organizations, including a Ben & Jerry’s franchisee and a workplace diversity consultancy.

• The DeSantis administration disagreed with the rulings, arguing that they allowed companies to “indoctrinate their employees with racist and discriminatory ideologies,” and has indicated a possible appeal to the Supreme Court.

Business Considerations

• Employers should monitor legal developments related to the “Stop WOKE Act,” as potential appeals could impact future compliance requirements.
• Employers should document training efforts by keeping detailed records of all training sessions and materials to demonstrate compliance.
• Employers in Florida now have more freedom to conduct and mandate diversity, equity, and inclusion (DEI) training without the restrictions imposed by the “Stop WOKE Act”.

Source References

• Federal courts spike piece of DeSantis ‘Stop Woke’ law (POLITICO LLC)
• Honeyfund.com INC., Vs. Ron DeSantis, Permanent Injunction (Case No.: 4:22cv227-MW/MAF)
• Judge Permanently Blocks Key Part of Florida’s ‘Stop Woke Act’ as Unconstitutional (The Epoch Times Association Inc.)
• Honeyfund.Com Inc, et al. v. Governor, State of Florida, et al., No. 22-13135 (Mar. 4, 2024).
• Preliminary Injunction Against Florida’s Individual Freedom (or Stop W.O.K.E.) Act Upheld (Jackson Lewis P.C.)
• FL HB 7 (Stop the Wrongs to Our Kids and Employees (W.O.K.E.) Act)
• Florida’s Stop Woke Law Is Sedated—Judge Blocks Law Limiting Workplace Bias Trainings (Ogletree Deakins)

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