On June 27, 2022, the U.S. District Court for the Northern District of Florida denied a request to enjoin the provisions of Florida HB 7, named the Individual Freedom Act (“IFA”) or the so-called “Stop-WOKE” law (the state’s acronym for “Stop Wrongs to Our Kids and Employees”), which dramatically limit what and how employers can communicate to employees in workplace training relating to diversity, non-discrimination, and non-harassment. The law is scheduled to go into effect on July 1, 2022. At least for now—the court’s decision means that an employer’s diversity, equity and inclusion (DEI) training materials must refrain from sending any messaging to employees that could be construed as requiring employees to believe in concepts like privilege, oppression, and inherent biases that are based on race, color, national origin or sex.

As we previously reported, almost immediately after the law was signed, five individuals, including three teachers, a student, and an individual consultant who provides DEI training to employers, filed a lawsuit in the Northern District of Florida seeking a preliminary injunction against it. In their suit, the plaintiffs claim that the law violates free speech rights of Florida employers and educators, and that key provisions of the new law are unconstitutionally vague and overbroad when they impose sweeping general principles with which Florida employers are required to conform or with which they are prohibited to disagree.

Background

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