Understanding the Permanent Ban on Workplace DEI Training Rules

By: Scott Atwood, Esq.

As of July 2024, a significant legal decision has impacted the landscape of diversity, equity, and inclusion (DEI) training for employers in Florida. A federal judge has permanently blocked a provision of the Individual Freedom Act (IFA) that restricts employers from promoting certain race- and sex-based concepts during DEI training sessions.

This decision followed the state’s choice not to challenge an Eleventh Circuit ruling that upheld a preliminary injunction against this measure.

The Stop WOKE Act

The Individual Freedom Act (“IFA”), often referred to as the Stop WOKE Act, was enacted by the Florida Legislature in 2022. The law targeted workplace and educational discussions on race and gender, particularly aiming to prevent the promotion of eight specific ideas. These included concepts such as the moral superiority of any race or sex, inherent racism based on race, and the notion that race or sex determines whether an individual is privileged or oppressed.

Legal Challenge and Injunction

Shortly after the IFA’s enactment, businesses like Honeyfund.com Inc., Primo Tampa LLC, and a diversity consultant, sued the state challenging the law’s constitutionality. In August 2022, U.S. District Judge Mark E. Walker granted a preliminary injunction, halting the enforcement of the IFA’s provisions on diversity training. Judge Walker argued that the law likely violated First Amendment protections, stating that it banned a wide range of protected speech to address a small portion of offensive conduct already prohibited by existing laws.

Appeal and Permanent Injunction

The state of Florida contended that the law regulated conduct rather than speech, asserting that employers could still discuss the targeted concepts but could not mandate training sessions promoting them. However, businesses countered that the law created an ambiguous boundary around permissible speech, effectively banning speech the state disagreed with, thus violating the First Amendment.

The Eleventh Circuit Court sided with the businesses, upholding the preliminary injunction. The court found that the challenged portion of the law unlawfully regulated speech. Following this decision, Florida chose not to pursue further legal action, leading Judge Walker to make the injunction permanent.

Implications for Florida Employers

For Florida employers, this ruling has several critical implications:

1. Employers can continue to conduct DEI training sessions that discuss and promote diverse perspectives on race and gender without fear of violating the IFA. This decision reinforces the importance of First Amendment protections in the workplace.
2. Employers should review their DEI training programs to ensure they align with this ruling. While the IFA’s specific provisions are no longer enforceable, employers should still be mindful of broader employment laws and anti-discrimination statutes.
3. Given the evolving legal landscape, employers should consult with legal counsel to navigate compliance with state and federal regulations. This is particularly important for understanding the nuances of permissible speech and conduct in workplace training.

Bottom Line

The permanent ban on the IFA’s DEI training provisions marks a significant victory for employers advocating for comprehensive diversity and inclusion initiatives. This decision underscores the importance of protecting free speech in the workplace while promoting a respectful and inclusive environment for all employees. Florida employers should remain vigilant in updating their training programs and policies in light of this ruling, ensuring they foster a diverse and inclusive workplace compliant with all relevant laws.

Employers needing assistance may contact me at scott.atwood@henlaw.com to schedule a consultation.