Employment Law Watch: Federal Court Blocks Major Portion of Florida’s “Stop Woke Act”

As reported by WUSF NPR, a federal court in Florida has permanently blocked a major portion of Florida’s “Stop Woke Act.” Officially referred to as both the Stop Wrongs to Our Kids and Employees Act and the Florida Individual Freedom Act, the law aimed to prevent employers from engaging in certain forms of anti-harassment training and anti-discrimination training in the workplace. In this article, you will find a more detailed overview of the federal court’s decision.

 Background: Florida’s Stop Woke Act Put Restrictions on Workplace Diversity Training 

The Stop Woke Act was signed into law by Florida Governor Ron DeSantis in April of 2022. It was originally set to take effect in the Summer of that year—but multiple lawsuits were filed to block the implementation of the law. Broadly speaking, the statute imposed limitations on the content and approach of diversity training programs in workplaces and in educational settings. A key issue for employment law is that the Stop Woke Act, as drafted, sought to restrict the content in workplace anti-harassment training and anti-discrimination training.

 Decision: Federal Court Permanently Blocked Major Part of the Law 

In July 2024, a federal court issued a major ruling against the state’s Stop Woke Act. The court case was focused on the provisions related to workplace training. Chief U.S. District Judge Mark Walker granted a permanent injunction against this portion of the law. In other words, this aspect of the law will not take effect in Florida. Notably, the decision came after the 11th Circuit Court of Appeals upheld an earlier injunction. Both rulings were made on First Amendment grounds.

 The Implications: Florida Cannot Enforce Ban on Employer DEI Trainings 

The recent federal court decision prevents Florida from enforcing its ban on employer-led diversity, equity, and inclusion (DEI) training. Upon review, the federal appellate court determined that the proposed restrictions within the law amounted to a violation of the First Amendment rights of employers. In other words, employers have a First Amendment right to engage in certain types of workplace training—including those that engage in discussions about systemic racism—without legislative interference. Employers are not required by law to do so—but they retain the right.

Case Could Be Appealed to the Supreme Court of the United States 

The Stop Woke Act is subject to a permanent injunction. Though, the state retains the right to appeal. Indeed, The decision by the federal court to block part of Florida’s Stop Woke Act opens the possibility for an appeal to the Supreme Court of the United States. The Supreme Court is not required to hear the case even if Florida does appeal. Alternatively, Florida lawmakers could attempt to draft another version of the bill that satisfies First Amendment protections.

 Get Help From an Employment Lawyer in Florida 

Employment law is complicated. Whether you are an employer or an employee, it is crucial that you have a full understanding of your rights and your responsibilities. If you have any legal questions, please do not hesitate to contact a Florida employment lawyer for a confidential initial consultation.