Employment Law and Florida's Pending Stop Woke Act: Establishing DEI Programs Under Current Regulations

A live 90-minute CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Wednesday, November 9, 2022

1:00pm-2:30pm EST, 10:00am-11:30am PST

Early Registration Discount Deadline, Friday, October 14, 2022

or call 1-800-926-7926

This CLE course will discuss Florida's new pending law prohibiting concepts based on critical race theory from mandatory workplace training. The panel will address how these and similar proposed laws may affect racial diversity training and diversity, equity, and inclusion (DEI) initiatives. The panel will provide best practices for moving forward under this legal framework.

Description

On July 1, 2022, the "Stop the Wrongs to Our Kids and Employees," or Stop WOKE Act, went into effect in Florida. The law was immediately challenged, but the 11th Circuit preliminarily enjoined enforcement of the statute.

The act makes it unlawful for employers with 15 or more employees to require any training or program that "espouses, promotes, advances, inculcates, or compels" an employee to believe any of the following notions:

  • that members of one race, color, sex, or national origin are morally superior to members of another group;
  • that an individual, due to their race, color, sex, or national origin, is intrinsically racist, sexist, or oppressive;
  • that an individual's privilege or oppression is inherently determined by their race, color, sex, or national origin;
  • that members of one race, color, sex, or national origin cannot and should not try to treat others without respect to race, color, sex, or national origin;
  • that an individual, based on their race, color, sex, or national origin, bears responsibility for or should be discriminated against or treated adversely because of past actions of their ancestors;
  • that an individual, due to their race, color, sex, or national origin, should be discriminated against or treated adversely to achieve diversity, equity, or inclusion goals;
  • that an individual, due to their race, color, sex, or national origin, bears responsibility for prior actions committed by other members of the same race, color, sex, or national origin and therefore must feel guilt, anguish, or other emotional distress because of those supposed actions; or
  • that some virtues, including merit, excellence, hard work, fairness, neutrality, objectivity, and racial colorblindness, are inherently racist or sexist or were invented by members of a certain race, color, sex, or national origin to discriminate against or oppress others of a different race, color, sex, or national origin.

In the absence of clarifying guidance, employers with established (or planned) DEI training must consider what limitations this law places on these programs. Generic programs are likely to violate the law. As other states around the country are contemplating similar laws, employers must evolve their training and policies to navigate this restriction, as well as state and federal non-discrimination laws.

Listen as our authoritative panel discusses the Stop WOKE Act, the ramifications it presents to DEI training, and what future trends in similar state and municipal laws are pending.

READ MORE

Outline

  1. Stop the Wrongs to Our Kids and Employees Act
    1. History of enactment
    2. Case challenges
  2. Limitations on speech
  3. Updating diversity, equity, and inclusion programs
  4. Trends in similar laws

Benefits

The panel will discuss these and other key issues:

  • What limitations does the Stop WOKE Act place on employers?
  • How can employers implement a DEI program under the Stop WOKE Act?
  • What concerns should employers have regarding the conflicts between the Stop WOKE Act and other non-discrimination laws?
  • How will the current injunction of the Stop WOKE Act affect similar legislation in Florida and other states?

Faculty

Johnson, Nancy
Nancy A. Johnson

Shareholder
Littler Mendelson

With a wide-ranging legal background, Ms. Johnson skillfully advises and defends employers who are confronted by...  |  Read More

Additional faculty
to be announced.
Attend on November 9

Early Discount (through 10/14/22)

Cannot Attend November 9?

Early Discount (through 10/14/22)

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video

Download