Stop WOKE Act: Implications for DEI and the Workaround

Diversity, equity and inclusion (DEI) has gained much steam in the corporate world over the last few years. Employees, job candidates, and people worldwide are scrutinizing organizations based on their efforts to make the workplace more inclusive. However, a newly passed law by Florida legislators called the Stop WOKE Act may force companies to take a strategic pause in their DEI efforts.Â

Stop WOKE Act â€” What Is It?

Last month, Florida Governor Ron DeSantis signed Opens a new window the Stop the Wrongs to Our Kids and Employees (WOKE) Act. The controversial law is expected to come into force on July 1st, 2022 and is expected to amend the Florida Civil Rights Act as well as the state’s education code. The law primarily prohibits employers with 15 or more employees from teaching eight concepts based on color, sex, race, and national origin.Â

For example, employers will be banned from teaching that people of one color, race, sex or even national origin are â€œmorally superiorâ€ to other groups. Further, it prohibits employers from discriminating against a person based on the said characteristics to achieve â€œdiversity, equity and inclusion.â€ Employees will also be unable to suggest that a person â€œbears personal responsibility for and must feel guilt, anguish, or other forms of psychological distressâ€ for the actions members sharing their characteristics have committed in the past.

Signing the law, DeSantis saidOpens a new window , â€œWe believe an important component of freedom in the state of Florida is the freedom from having oppressive ideologies imposed upon you without your consent. Whether it be in the classroom or in the workplace. And we decided to do something about it.â€ DeSantis had claimed critical race theory could create unhealthy work environments.

See more: Trade Organizations Appeal to Supreme Court Against Texas Social Media Law

How It Will Impact DEI Efforts

The Stop WOKE Act is similar to some previous bills tabled across the country. For example, Oklahoma’s HB 1775 lawOpens a new window prohibits public schools from imparting the idea that â€œany individual should feel discomfort, guilt, anguish or any other form of psychological distress on account of his or her race or sex.â€ One of the effects of this law was that the Oklahoma City Community College had to cancel a classOpens a new window on white privilege due to fears of legal ramifications.Â

The Stop WOKE Act reiterates the same idea as the Oklahoma law. This Act, too, can have similar effects on schools and colleges across the state. At the same time, it goes a step further and affects DEI training in a corporate setting. Hence, companies may have to stop or avoid pertinent diversity training modeling inclusivity and increased racial understanding.

The law further targets certain topics many DEI professionals feature heavily in workplace training. Employees subject to such training endeavors can file a complaint with the Florida Commission on Human Relations. They can also file a lawsuit and claim damages of up to $100,000.Â

Further, the law may affect not only businesses based in Florida but also those outside the state. For example, companies with employees in Florida too will be impacted by the law. And since many companies are working in a remote setting, the chances are that they may be affected more.

Many times, people of color find it difficult to speak up in a corporate setting, and race can also be considered a taboo topic. According to an SHRM studyOpens a new window in 2020, 45% of Black workers believe their superiors do not support conversations related to race. About 42% of White workers also feel it is inappropriate to discuss race at work. Adding the Stop WOKE Act into the mix, there may be little room for open discussions around diversity and race.

What Organizations Can and Need To Do

The law does not outrightly ban DEI training. However, it places so many restrictions on certain topics that employers and trainers will have to be more cautious. According to Cindy-Ann L. Thomas, a principal at Littler and co-chair of the firm’s EEO and diversity practice group, the law also affects organizations’ Equal Employment Opportunity (EEO) training. While they may not be considered DEI training, they may still have elements that explore related topics.

For organizations looking to continue their training but avoid legal problems, the first approach is to complete the necessary DEI training before the law comes into effect. Besides that, organizations can review their existing content and modules and make sure they are compliant with the new law.Â

According to ThomasOpens a new window , the law may have created an opportunity to develop new modules. She said that the law specifically touches upon the use of color, race, sex, and national origin. However, the Florida Civil Rights Act also has dimensions like religion and age. Hence, companies can create new modules covering disability and religious bias.

See more: Managing AI’s Diversity Problem, the Behavioral Way

The Road Ahead for DEI

The law is yet to come into effect. As the Act was signed, a few plaintiffs filed a lawsuitOpens a new window in the Northern District of Florida, seeking a preliminary injunction against the law. The lawsuit claimed that the law violates the free speech rights of educators and employers. The outcome of the hearing is yet to be seen. The losing side may appeal in the higher courts, and the case may drag on for a while. That said, if the law does come into force, organizations will have to review their existing DEI training modules and take the necessary steps to make them compliant with the law.

It will be interesting to see the outcome of the law and the lawsuit against it.

How do you think the new law will affect DEI efforts? Share with us on FacebookOpens a new window , TwitterOpens a new window , and LinkedInOpens a new window .