Florida Limits Permissible Workplace Training On Diversity, Implicit Bias, And Systemic Racism

On April 22, 2022, Florida Governor Ron DeSantis signed into law so-called "anti-woke" legislation, amending the Florida Civil Rights Act and potentially limiting the ability of employers to include discussions of "implicit bias" or systemic racism in workplace training relating to diversity, non-discrimination, and non-harassment. The bill becomes effective July 1, 2022, and appears largely to model a subsequently-revoked executive order issued during the prior presidential administration that purported to limit so-called "divisive" topics in training administered by federal contractors.

Under the legislation, it is unlawful for any covered employer (generally, those with employees in Florida and employing 15 or more employees company-wide) to subject any individual working in Florida, as a condition of employment, to training or instruction that "espouses or promotes" such individual to believe any of the following concepts constitutes discrimination based on