On April 22, 2022, Florida Gov. Ron DeSantis signed into law the Individual Freedom Act, also known as the Stop the Wrongs to Our Kids and Employees (WOKE) Act, with an effective date of July 1, 2022. It provides a private cause of action to Floridian employees after exhausting administrative remedies if such employees are required by an employer to participate in any workplace training that promotes various viewpoints concerning race, color, sex or national origin, including critical race theory. Employers must carefully review all required employee trainings – especially trainings discussing race, color, sex or national origin – to ensure that they comply with the broad coverage of this new law.
Key provisions
The Individual Freedom Act amends the Florida Civil Rights Act to add as an unlawful employment practice subjecting an employee as a condition of employment to any training, instruction or other required activity that “espouses, promotes, advances, inculcates, or compels” 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.
- 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...
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