On 18 August 2022, a Florida court granted a preliminary injunction ordering state officials to take no steps to enforce the Stop WOKE Act, which restricts what employers can cover in diversity training, while the court considers the merits of the case.
In the case before the United States District Court for the Northern District of Florida, two private employers and a diversity, equity, and inclusion (DEI) consultant and training company argued that the Stop WOKE Act (HB7) is unconstitutional because it restricts free speech and is impermissibly vague.
In a previous legal alert, we summarised HB7 and provided insights into what this law means for employers. In short, HB7 prohibits Florida employers from requiring employees to attend any training or activity that 'espouses, promotes, advances, inculcates, or compels' an individual to believe certain prohibited concepts relating to race, colour, sex, or national origin.
In the colourful opinion authored by Chief US District Judge Mark E. Walker, the court found that HB7:
'unconstitutionally discriminates on the basis of viewpoint in violation of the First Amendment and is impermissibly vague in violation of the Fourteenth Amendment.'
While this opinion only halts enforcement of HB7 pending a final decision on the merits of the complaint, the court made very clear that it believes HB7 is unconstitutional.
On First Amendment (specifically free speech) grounds, the court found that HB7 is...
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