Florida judge permanently ends part of DeSantis’ Individual Freedom Act

Chief U.S. District Judge Mark Walker on Friday struck down a state law allowing employees to choose and opt out of race-related training in the workplace. Walker issued a temporary pause on the law’s enforcement in 2022 alleging that putting restrictions on so-called diversity, equity, and inclusion, or DEI, training violates an employer’s First Amendment right to free speech. He also found the law, also known as the Individual Freedom Act, was too vague and sweeping. A federal appeals court upheld Walker’s 2022 pause earlier this year before his final ruling on Friday. The Individual Freedom Act is also informally known as the Stop WOKE Act.

What’s left of the law to enforce? Employers can say whatever they want, but they can’t force employees to self-flagellate, Florida Gov. Ron DeSantis said at a Monday press conference. The state has a right to set standards on where tax dollars will and won’t be going, he added. Florida continues awaiting another ruling from a federal appeals court on whether the WOKE Act’s section on university curriculum may be enforced.

What parts of the law did Judge Walker rule against? He ruled against part of the law stating that employers could not require employees to attend training courses considered discriminatory under the law.

What did the law originally state about DEI training? The law had listed several concepts that constitute discrimination, including labeling individuals as inherently racist or oppressive based on their race, sex, or ethnicity. Programming that determined a person’s character or social status solely on race, sex, or ethnicity also would have constituted discrimination under the law. The measure also included a section barring training that makes a person feel guilty or responsible for the past actions of others from the same race, gender, or ethnicity. Requiring an individual to take such a course to receive employment or certification would constitute discrimination, the law concluded.

Dig deeper: Read Lauren Canterberry’s report on a SCOTUS ruling barring colleges from considering an applicant’s race during the admission process.