Updated: Federal Judge Blocks Florida Law Limiting Workplace Bias Trainings

A federal judge has granted a preliminary injunction blocking a Florida law that prohibits employers with 15 or more employees from subjecting an individual to training that endorses certain concepts about discrimination.

The details:

Earlier this year, Florida enacted House Bill 7, which took effect July 1, 2022. Among other things, House Bill 7 established that employers with 15 or more employees engage in an unlawful employment practice if they subject individuals to training that promotes, advances, or compels the individual to believe any of eight specified concepts on race, color, sex, or national origin. For instance, the law barred training that indicated an individual’s moral character or status as either privileged or oppressed is necessarily determined by their race, color, sex, or national origin.

After the law was passed, a lawsuit was filed by two employers and a training consultant who wished to provide training they believed was now barred by House Bill 7.

In the lawsuit, the employers and consultant argued that House Bill 7 is an unlawful restriction on speech and overly broad and vague. They also filed a motion asking the court for a preliminary injunction against the state.

On Aug. 18, 2022, U.S. District Judge Mark E. Walker granted the motion for a preliminary injunction. The ruling prevents the state from enforcing the workplace-training provisions of House Bill 7 while the lawsuit is still being litigated. However, individuals may still be able to pursue private causes of action based on the law.

Next steps:

If you have 15 or more employees:

• Discuss the impact of the preliminary injunction with legal counsel.
• Watch for developments closely as the ruling is just preliminary and can also be appealed.