Florida cannot enforce the Stop WOKE Act against employers conducting diversity training, according to an Eleventh Circuit opinion published on Monday, March 4. The Stop WOKE Act (less commonly known as the Individual Freedom Act) prohibits employers from endorsing various concepts that make another person uncomfortable over historic events involving race, color, sex, or national origin during mandatory employee diversity trainings.
The Stop WOKE Act has been tied up in litigation for over a year and a half. The Act took effect on July 1, 2022 and was on the books for less than two months before a District Judge issued a preliminary injunction blocking part of the law in August 2022. In Monday’s decision, the appeals court upheld the lower court’s opinion on First Amendment grounds. The court concluded that content-based restrictions which would bar meetings that endorse viewpoints the state finds offensive but permit others the state does not find objectionable are unconstitutional.
Of course, the story may not end here. Governor DeSantis’ office disagrees with the court’s opinion and is reviewing its appeal options.
What now? It appears that even though the Stop WOKE Act had a very short window of full enforceability, it caused many Florida employers to pause or cancel their diversity training out of fear of violating the Act. With another possible appeal looming, it remains to be seen whether Florida companies will now reconsider providing this training.
