Florida's 'Anti-Woke' Law Blocked by Appeals Court
A Florida law, dubbed the 'anti-woke' act, has been dealt a blow by the U.S. Court of Appeals for the Eleventh Circuit. The court affirmed an injunction against the enforcement of parts of the law that restrict employers from mandating diversity and inclusion trainings. The case, Honeyfund.com, Inc. v. Governor, State of Florida, highlights ongoing tensions between employers' efforts to promote diversity, equity, and inclusion (DEI) and political sentiments opposed to or claiming offense from certain concepts.
The law, known as the Individual Freedom Act (IFA), expanded the definition of unlawful employment practices to include compelling employees to attend training or activities that promote eight specified concepts related to race, color, sex, or national origin. Several plaintiffs challenged the IFA under the First Amendment, arguing that it violates free speech by regulating content and viewpoint, and is unconstitutionally vague.
The District Court granted a preliminary injunction, and the Eleventh Circuit affirmed the decision. The court held that the law cannot be sustained as an attempt to control speech by recharacterizing it as conduct. It rejected Florida's 'captive audience' theory, stating that the government cannot ban speech it dislikes as this would empower a majority to silence dissidents. The court also noted that the IFA does not prohibit discussion of these concepts as part of training or instruction if given in an objective manner without endorsement.
The decision provides reassurance to employers seeking to advance DEI and other environmental, social, and governance (ESG) objectives. It could help protect them against retaliatory, content-based governmental actions. The State of Florida, as the government entity involved, must now reconsider its approach to regulating employer-mandated diversity and inclusion trainings.
