Executive Summary
Florida has made national news in the employment law sphere over the past six months with the passage, implementation, and temporary enjoinment of HB7, also called the Individual Freedom Act or "Stop WOKE Act." The Act, which restricts the content of employer-sponsored diversity, equity, and inclusion (DEI) trainings, has been challenged from its inception on First Amendment and other constitutional grounds. HB7 was only in effect for seven weeks (from July 1 to August 18, 2022) before the U.S. District Court for the Northern District of Florida issued a preliminary injunction halting enforcement—a ruling that has already been appealed to the U.S. Court of Appeals for the Eleventh Circuit. Although the injunction temporarily halts enforcement of the Act, employers should be prepared in case the injunction is lifted.
What Does the Act Say?
If the Eleventh Circuit Court of Appeals reverses the preliminary injunction, HB7 would make it an unlawful employment practice under the Florida Civil Rights Act (FCHR) to, as a condition of employment, subject any individual to training, instruction, or another required activity that "espouses, promotes, advances, inculcates, or compels" the individual 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...
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