Matthew J. Wildner

In March, Florida’s legislature passed a bill that specifically targets employers who include training on critical race theory or racism, banning any training or credentials courses that attempt to teach “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.” Florida House Bill 7/Senate Bill 148 (HB 7), which is expected to be signed into law, also limits how teachers and other educators teach public school students about race, privilege, oppression and the founding of America. 

House Bill 7 mirrors President Donald Trump’s 2020 Executive Order prohibiting divisive concepts in diversity training in the Executive Branch. The order was the subject of multiple First Amendment lawsuits, was enjoined nationwide by a federal court and, ultimately, was revoked by President Joe Biden. In anticipation of legal challenges, HB 7 provides that if any provision of the bill that relates to unlawful employment practices is held invalid, the invalidity does not affect other provisions or applications of the bill that can be given effect without the invalid provision and, to this end, the provisions are severable.

The bill applies to both public and private employers with at least 15 employees. In addition to the workplace, the bill prohibits instruction in public schools of similar concepts. Employers should keep a close eye on the status of the law and carefully review their equal employment opportunity instruction, new hire and current employee training, and diversity, equity and inclusion initiatives for compliance.

 

^{Case Law Alerts, 1st Quarter, April 2022 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2022 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.}