Federal Judge Rules Florida’s Stop “WOKE” Act is Unconstitutional, Blocking Private Business Provision

On August 19, a federal judge issued a preliminary injunction against a controversial provision in Florida’s Stop “WOKE” Act‒a provision that prohibits Florida employers with 15+ employees from forcing workers to attend diversity, equity, and inclusion (DEI) trainings that would make them feel uncomfortable or guilty about their race because of historical events. The Act, and its ongoing legal proceedings, could have potentially significant implications for agencies wishing to cover topics like structural racism, white/male privilege, and unconscious bias in workplace anti-discrimination and diversity and inclusion trainings.

Tallahassee U.S. District Judge Mark Walker said in a 44-page ruling that the “Stop WOKE” act violates the First Amendment and is impermissibly vague. Judge Walker also refused to issue a stay that would keep the law in effect during any appeal by the state. The legislation, he wrote, “does not target trainings because they are mandatory,” but rather “because of the speech delivered in them.”

Judge Walker’s ruling is preliminary. It was filed by private entities, Clearwater-based Honeyfund.com and others, claiming their free speech rights are curtailed because the law infringes on company training programs stressing diversity, inclusion, elimination of bias and prevention of workplace harassment.

In order to help agencies better understand the specifics of the law and how it might apply to their DEI training policies and goals, the 4As Government Relations team in consultation with the 4As Professional and Organizational Development team has put together a helpful guidance document.

For questions about legal updates concerning the Stop “WOKE” Act, please contact Alison Pepper. For inquiries about how this law may impact agency utilization of 4As training programs for DE&I efforts, including the Workplace Enlightenment Certification program, please contact Sean McGlade.