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In April 2022, Florida Governor Ron DeSantis signed into law legislation that is known as the “Stop Wrongs to Our Kids and Employees (‘W.O.K.E.’)” Act (referred to hereafter as the “Act”). The Act went into effect on July 1, 2022. Although much of the attention garnered by the Act focuses on its impact in the classroom, it also impacts the workplace for those employers with fifteen or more employees subject to the Florida Civil Rights Act (“FCRA”). This post will discuss the contents of the Act pertaining to the workplace and what it means for employers and employees.

In announcing the Act, Governor DeSantis stated in part, “[W]e must protect Florida workers against the hostile work environment that is created when large corporations force their employees to endure CRT-inspired ‘training’ and indoctrination.”¹ The Act amended the FCRA to include the following language to expand the liability of employers:

(8)(a) Subjecting any individual, as a condition of employment, membership, certification, licensing, credentialing, or passing an examination, to training, instruction, or any other required activity that espouses, promotes, advances, inculcates, or compels such individual to believe any of the following concepts constitutes discrimination based on race, color, sex, or national origin under this section:

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.

(b) Paragraph (a) may not be construed to prohibit discussion of the concepts listed therein as part of a course of training or instruction, provided such training or instruction is given in an objective manner without endorsement of the concepts.

§ 760.10(8), Fla. Stat. (2022) (emphasis added).

The changes to the Act make it necessary for employers to evaluate their current training programs related to diversity and antidiscrimination policies. Furthermore, employers must be cautious as it relates to section (8)(a)6., which prohibits hiring an individual to achieve diversity or inclusion. As can be expected, the constitutionality of the Act has been challenged. As of the time of writing, the litigation is pending. On August 18, 2022, the Northern District Court, Tallahassee Division, granted a preliminary injunction halting the enforcement of section 760.10(8).² We will provide an update as it becomes available.

If you have any questions or concerns regarding this topic, or any topic related to labor and employment law, please contact us.

1 “Governor DeSantis Announces Legislative Proposal to Stop W.O.K.E. Activism and Critical Race Theory in Schools and Corporations,” Official Website of Florida’s Governor, https://www.flgov.com/2021/12/15/governor-desantis-announces-legislative-proposal-to-stop-w-o-k-e-activism-and-critical-race-theory-in-schools-and-corporations/ (last visited Aug. 31, 2022).

2 Honeyfund.com, Inc., et al. v. Ron DeSantis, et al., 4:22-cv-00227-MW-MAF (N.D. Fla. Aug. 18, 2022), available at, https://www.govinfo.gov/content/pkg/USCOURTS-flnd-422-cv- 00227/pdf/USCOURTS-flnd-422-cv-00227-0.pdf (last visited Aug. 31, 2022).

Photo by Clem Onojeghuo on Unsplash