Federal Court Permanently Blocks Florida Restrictions on Workplace Diversity Training

Quick Hits

• The U.S. District Court for the Northern District of Florida recently upheld an injunction against part of Florida’s Individual Freedom Act, also known as the Stop WOKE Act, which regulated the types of content that employers could include in employee training.
• The court found that a section of the law was unconstitutional because it violated employers’ First Amendment rights to free speech.
• Florida cannot enforce the part of the law that prohibits employers from requiring employees to participate in training that supports certain beliefs about DEI.

On April 22, 2022, Governor Ron DeSantis signed the Individual Freedom Act (IFA), commonly referred to as the “Stop the Wrongs to Our Kids and Employees (WOKE) Act.” The law raised concerns for employers, as it restricted the types of antiharassment and antidiscrimination training programs that employers could require, particularly if the training addressed diversity, equity, and inclusion (DEI) topics, such as systemic racism, white privilege/white supremacy, or unconscious bias. As passed, the law prohibited employers from requiring workers to participate in a workplace training program if it “espouses, promotes, advances, inculcates, or compels” certain DEI-related beliefs.

Two employers sued to enjoin the IFA, alleging that it is unconstitutional under the First Amendment of the U.S. Constitution because it violates their rights to free speech. They claimed the law is vague and overbroad. In response, Florida argued that the law only regulates conduct, not speech, because it bans certain mandatory employee training programs.

On March 4, 2024, a unanimous three-judge panel for the U.S. Circuit Court of Appeals for the Eleventh Circuit ruled that the state could not characterize or reframe the law as a conduct regulation since it prohibited employers from holding training programs on particular subjects that the state disfavors. It upheld a temporary injunction. On July 26, 2024, the federal district court made the injunction permanent.

Next Steps

During the limited period of time the law was not subject to an active injunction, employers raised concerns that certain DEI programs and training could have the unintentional consequence of violating the IFA. Some employers may have felt the need to change or soften their training programs or remove discussions of systemic racism and unconscious bias. Other employers reluctantly made these trainings optional for all Florida employees, or for those who objected to completing them.

The latest court ruling puts collective minds at ease and maintains an open door for Florida employers to implement and maintain broad discrimination and harassment prevention training programs. Companies are allowed to discipline or fire workers who refuse to attend such training programs.

Florida employers might want to remain mindful to avoid potential discrimination and harassment claims from employees who object to such training programs under other applicable laws. In handling and proactively preparing for such objections, employers may want to review the content of these trainings to ensure they comport with federal and state antidiscrimination laws and do not inappropriately single out certain protected groups or mandate employees to change their religious beliefs.

Overall, the latest court ruling raises questions about whether state restrictions on employers’ discussions of and trainings on certain DEI concepts are lawful under the First Amendment and/or conflict with federal laws such as Title VII of the Civil Rights Act of 1964, which requires employers to take steps to prevent discrimination and harassment. Such state laws are likely to face legal challenges.

It is also worth noting that the Stop WOKE Act is politically charged. During the 2024 Florida legislative session, two companion bills were introduced that would have similarly sought to prohibit mandatory training on sexual orientation, gender identity, or gender expression. They did not pass. However, unless the political winds shift, employers with employees in Florida might want to watch whether similar bills are filed in 2025.

Ogletree Deakins will continue to monitor developments and will provide updates on the Diversity, Equity, and Inclusion and Florida blogs as new information becomes available.

William E. Grob is a shareholder in Ogletree Deakins’ Tampa office.

Dee Anna D. Hays is a shareholder in Ogletree Deakins’ Tampa office.

Karen M. Morinelli is a shareholder in Ogletree Deakins Tampa office.

This article was co-authored by Leah J. Shepherd, who is a writer in Ogletree Deakins’ Washington, D.C., office.

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