Florida's Individual Freedom Act

Background

In 2022, the Florida Legislature passed House Bill (HB) 7, called the Individual Freedom Act. This legislation was signed by Governor Ron DeSantis in April and took effect July 1, 2022.  As of July 26, 2024, It is no longer able to be enforced (see Legal Update section below.)

The legislation, commonly referred to as the Stop WOKE Act, amends the Florida Civil Rights Act of 1992 by providing that subjecting individuals to specified concepts under certain circumstances constitutes discrimination based on race, color, sex, or national origin.

 
Legal Update

The U.S. District Court for the Northern District of Florida halted enforcement of the Act on Aug. 18, 2022, finding the Act in violation of the First Amendment of the U.S. Constitution.

A three-judge panel of the 11th U.S. Circuit Court of Appeals agreed on March 4, 2024.  Following this decision, state officials may not enforce the Act against employers. 

On July 26, 2024, a federal judge permanently blocked restrictions on addressing race-related issues in workplace training.  Chief U.S. District Judge Mark Walker issued a two-page order granting a permanent injunction against the workplace-training part of the law.

 
The Act

This Act affects nonprofit employers that are located in, have operations in, or have staff in Florida.  According to Florida Statues, an “employer” is any person employing 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, and any agent of such a person.

The law (§ 760.10(8)(a), Florida Statues) states:

“Subjecting any individual, as a condition of employment, membership, certification, licensing, credentialing, or passing an examination, to training, instruction, or any other required activity that espouses, promotes, advances, inculcates, or compels such individual to believe any of the following concepts constitutes discrimination based on race, color, sec, or national origin:

  1. Members of one race, color, sex, or national origin are morally superior to members of another race, color, sex, or national origin.
  2. An individual, by virtue of his or her race, color, sex, or national origin, is inherently racist, sexist, or oppressive, whether consciously or unconsciously.
  3. An individual’s moral character or status as either privileged or oppressed is necessarily determined by his or her race, color, sex, or national origin.
  4. Members of one race, color, sex, or national origin cannot and should not attempt to treat others without respect to race, color, sex, or national origin.
  5. An individual, by virtue of his or her race, color, sex, or national origin, bears responsibility for, or should be discriminated against or receive adverse treatment because of actions committed in the past by other members of the same race, color, sex, or national origin.
  6. An individual, by virtue of his or her race, color, sex, or national origin, should be discriminated against or receive adverse treatment to achieve diversity, equity, or inclusion.
  7. An individual, by virtue of his or her race, color, sex, or national origin, bears personal responsibility for and must feel guilt, anguish, or other forms of psychological distress because of actions, in which the individual played no part, committed in the past by other members of the same race, color, sex, or national origin.
  8. Such virtues as merit, excellence, hard work, fairness, neutrality, objectivity, and racial colorblindness are racist or sexist, or were created by members of a particular race, color, sex, or national origin to oppress members of another race, color, sex, or national origin.”


The Act does clarify that the restricted concepts may be discussed as a “part of a course of training or instruction, provided such training or instruction is given in an objective manner without endorsement of the concepts.”

It is also limited to race, color, sex, and national origin, and does not apply to other protected classes under the Civil Rights Act.

Penalties

If a nonprofit employer is accused of violating the Act, the Florida Attorney General may pursue a civil action and seek damages, injunctive relief, and civil penalties, not to exceed $10,000 per violation.  In addition, individuals can also pursue claims of discrimination by first filing a complaint with the Florida Commission on Human Relations within a year of the alleged violation, then by filing a lawsuit for damages of up to $100,000 and potentially attorney’s fees.

 

What Nonprofit Employers Should Consider

Nonprofit employers (as defined above) should consider the following actions:

  • Any mandatory trainings for employees should not include any of the above concepts in those trainings. Common diversity, equity, and inclusion (DEI) topics that could fall into the above include white privilege, male privilege, implicit bias, cultural competency, and that racial colorblindness is racist. DEI trainings or any other mandatory trainings that address the above concepts need to be optional for employees.
  • Tell employees in writing that they may opt out of any diversity, equity, and inclusion trainings
  • Use professional DEI trainers that have tailored their material to comply with Florida law
  • Review any external DEI materials and curricula in advance
  • Consider relying on pre-recorded presentations
  • Review your Equal Employment Opportunity policies, procedures, and trainings, including employee handbooks and orientation materials
  • Preserve or archive any slides, printed materials, and program recordings for trainings and employee education that contain DEI topics
  • Consider purchasing Employers Liability Insurance (ELI)
  • Watch for how the courts interpret the law over time – the law is written in broad terms, so how the law will be interpreted is hard to predict
     
Frequently Asked Questions
  • Does this have implications for volunteer training? 
    Since volunteers are not employees, it seems unlikely that there will be penalties for volunteer trainings. 
  • What if my organization is required to participate in DEI trainings that violate the law by a national organization or national funder? 
    The goal would be to find a DEI training that fulfills both requirements – adhering to the expectation or requirement on your organization, but with a training that follows Florida law.
  • Are informal conversations between staff members subject to this law? 
    No, only mandatory employer content, like trainings, are subject to this law.
  • If my organization has a staff person whose responsibilities include diversity, equity, and inclusion activities, should I be concerned? 
    No, as long as there is no employer-mandated policy or training that violates the state law by addressing the concepts outlined in the statute.
  • Can nonprofits outwardly express that one of their core values is “diversity, equity and inclusion”? 
    As it relates to the Individual Freedom Act, yes. The Act relates to "subjecting an individual" to "required activity" as a "condition of employment."  An expression of core values does not implicate the Act.
     
Additional Resources

The information on this page is not legal advice for your nonprofit organization.  You should always contact legal counsel for specific legal advice for your situation.