On March 10, 2022, the Florida Legislature passed Florida House Bill 7 / Senate Bill 148, which have a stated purpose of protecting “individual freedom.”  The law, nicknamed the “Stop Woke Act,” expands Florida employers’ civil liability by amending the Florida Civil Rights Act.  Employees who prevail on Florida Civil Rights Act claims are entitled to recover their attorney’s fees, so employers should review their policies and training, particularly diversity and inclusion policies and initiatives, to ensure compliance with this legislation.  Governor Ron DeSantis is expected to sign the legislation into law. 

The new legislation is similar to President Donald Trump’s 2020 Executive Order which was issued to “combat offensive and anti-American race and sex stereotyping” and stop “divisive concepts” covered in workplace trainings.  Various challenges were asserted against the Executive Order and a Federal Court eventually entered an injunction preventing enforcement of the Order.  President Joseph Biden revoked the Executive Order upon entering Office. 

HB 7 amends the Florida Civil Rights Act by prohibiting “activity that espouses, promotes, advances, inculcates, or compels… an individual to believe any of the following concepts:” 

1. Members of one race, color, sex, or national origin are morally superior to members of another race, color, sex, or national origin.
2. An individual, by virtue of his or her race, color, sex, or national origin, is inherently racist, sexist, or oppressive, whether consciously or unconsciously.
3. An individual’s moral character or status as either privileged or oppressed is necessarily determined by his or her race, color, sex, or national origin.
4. Members of one race, color, sex, or national origin cannot and should not attempt to treat others without respect to race, color, sex, or national origin.
5. An individual, by virtue of his or her race, color, sex, or national origin, bears responsibility for, or should be discriminated against or receive adverse treatment because of, actions committed in the past by other members of the same race, color, sex, or national origin.
6. An individual, by virtue of his or her race, color, sex, or national origin, should be discriminated against or receive adverse treatment to achieve diversity, equity, or inclusion.
7. An individual, by virtue of his or her race, color, sex, or national origin, bears personal responsibility for and must feel guilt, anguish, or other forms of psychological distress because of actions, in which the individual played no part, committed in the past by other members of the same race, color, sex, or national origin.
8. Such virtues as merit, excellence, hard work, fairness, neutrality, objectivity, and racial colorblindness are racist or sexist, or were created by members of a particular race, color, sex, or national origin to oppress members of another race, color, sex, or national origin.

The new legislation also states that it cannot be construed to “prohibit discussion of the concepts listed therein as part of a course of training or instruction, provided that such training or instruction is given in an objective manner without endorsement of the concepts.”  Additionally, in anticipation of legal challenges, the “Stop Woke Act” states if any provision of the bill (listed above) is held invalid, the invalid provision will essentially be removed and the remainder of the bill will be given effect.