In a recent ruling, a U.S. appeals court upheld the decision to block Florida’s law prohibiting mandatory workplace diversity training promoting certain concepts, citing violations of employers’ free speech rights.
The law, known as the Stop the Wrong to Our Kids and Employees Act (Stop WOKE Act), was enacted in 2022 by Republican Governor Ron DeSantis, aiming to restrict training sessions that promote specific progressive ideas.
The Atlanta-based 11th U.S. Circuit Court of Appeals upheld the lower court’s ruling, stating that the law infringed on constitutional free speech protections. The court emphasized that the state cannot bar discussions on topics it deems “offensive” while allowing discussions on other subjects, as this violates the First Amendment.
The law prohibits employers from mandating training sessions that suggest individuals are inherently racist or sexist or promote feelings of guilt based on race or sex. Violators face substantial financial penalties.
The court’s decision, authored by U.S. Circuit Judge Britt Grant and joined by Judges Andrew Brasher and Charles Wilson, highlighted the importance of allowing discussions on diverse viewpoints in the “clanging marketplace of ideas.”
Republican Attorney General Ashley Moody’s office, responsible for defending the law, is reviewing the decision. The ruling is considered a victory for free speech and the ability of businesses to express their views openly.
The challenge to the law was brought by Honeyfund.com Inc., Primo Tampa LLC, and Whitespace Consulting, who sought to conduct training sessions on diversity, equity, and inclusion issues.
This ruling comes amid a broader trend in Republican-led states to enact laws discouraging companies from taking stances on various social issues.
Notably, a separate provision of the law restricting discussions of race and sex in college classrooms was also blocked by a lower court in a lawsuit filed by the American Civil Liberties Union, with Florida appealing the decision to the 11th Circuit.
