U.S. Court Strikes Down Part of Florida's 'Stop WOKE Act' as Unconstitutional
In a significant legal development, the U.S. Court of Appeals for the Eleventh Circuit has ruled that a part of Florida's 'Stop WOKE Act' restricting workplace training on certain diversity, equity, and inclusion (DEI) concepts violates the First Amendment. The court struck down the law on March 4, 2023.
The appellate court found that the law, which prohibits employers from holding mandatory training programs discussing specific DEI-related topics, is primarily a restriction on speech. The court applied strict scrutiny and concluded that the law was not narrowly tailored to protect unwilling employees, but instead focused on censoring messages employers wanted to convey.
The Eleventh Circuit's decision comes amidst ongoing debates about employer DEI programs and their potential impact on employment opportunities. Earlier, the Supreme Court's ruling in Students for Fair Admissions, Inc. v. Harvard College raised questions about these programs. The court's latest ruling may indicate that states' attempts to limit employers' discussions on DEI concepts in the workplace could continue to face constitutional challenges.
The Eleventh Circuit's ruling may have significant implications for employers and states alike. While the court rejected Florida's arguments that the law only aimed to prevent 'invidious discrimination', it remains to be seen how other courts will interpret similar laws. Employers are advised to stay informed about legal developments and consult resources like Ogletree Deakins' DEI Task Force toolkit to navigate these complex issues.
