The Florida legislature has passed a measure with the stated purpose of protecting individual freedoms and preventing discrimination in the workplace and in public schools. The measure, however, will likely expand an employer’s civil liability exposure for discriminatory employment practices under the Florida Civil Rights Act if the employer discusses certain prohibited topics in its diversity or unconscious bias training.
Florida House Bill 7/Senate Bill 148 (HB 7), nicknamed the “Stop Woke Act,” states that subjecting an employee to workplace training that espouses or compels the employee to believe certain concepts or makes people “feel” a certain way constitutes unlawful discrimination.
HB 7 closely mirrors President Donald Trump’s 2020 Executive Order prohibiting divisive concepts in diversity training in the Executive Branch. The order was the subject of multiple First Amendment lawsuits, was enjoined nationwide by a federal court, and, ultimately, was revoked by President Joe Biden.
HB 7 expands Florida Statute Section 760.10, of the Florida Civil Rights Act, to provide that subjecting a person, as a condition of employment, membership, certification, licensing, credentialing, or passing an examination, to training, instruction, or any other required activity that espouses, promotes, advances, inculcates, or compels such individual to believe any of the following concepts constitutes discrimination based on race, color, sex, or national origin under the Florida...
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