What FL Employers Need to Know About the Stop Woke Act
/Florida’s “Stop WOKE Act” goes into effect July 2022. The Act restricts what public and private employers can say to employees about the characteristics of race, color, sex, and national origin.
The Act makes it unlawful for an employer to subject employees to required training, instruction, or other activity (e.g. a meeting) that “espouses, promotes, advances, inculcates, or compels” individuals to believe any of the following concepts:
Members of one race, color, sex, or national origin are morally superior to members of another race, color, sex, or national origin.
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’s moral character or status as either privileged or oppressed is necessarily determined by his or her race, color, sex, or national origin.
Members of one race, color, sex, or national origin cannot and should not attempt to treat others without respect to race, color, sex, or national origin.
An individual, by virtue of his or her race, color, sex, or national origin, 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.
An individual, by virtue of his or her race, color, sex, or national origin, 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 virtues as merit, excellence, hard work, fairness, neutrality, objectivity, and racial colorblindness are racist or sexist, or were created by members of a particular race, color, sex, or national origin to oppress members of another race, color, sex, or national origin.
The Act “may not be construed to prohibit discussion of these concepts….provided that the training or instruction is given in an objective manner without endorsement of the concepts.”
Which Employers are Covered by the Act?
The Act applies to all public and private Florida employers of 15 or more employees by amending the Florida Civil Rights Act to add a new basis for discrimination claims.
Employees may file a discrimination complaint with the Florida Commission on Human Relations (“FCHR”) within 12 months of the alleged conduct, potentially pursuing both administrative and civil actions against their employers for money damages.
Is the Act Constitutional?
The Act is currently being challenged in the Northern District of Florida (Falls v. DeSantis) for free speech violations under the First Amendment. More court challenges are expected in State and Federal courts.
What Does This Mean for Employers?
The Act does not prevent employers from having or implementing Diversity & Inclusion plans and requiring employees to attend training. Oftentimes the benefits of adopting Diversity & Inclusion initiatives which demonstrate a commitment to fair and non-discriminatory treatment of all employees largely outweigh the risk of violating this Act.
Employers should review training content and seek counsel if uncertain about whether topics violate the Act’s eight prohibited concepts.
If you have any questions on how these laws affect you or your business please don’t hesitate to reach out: info@barbascremer.com. We are here to help you address the day to day questions of balancing business concerns, and employee culture.