proCeeDwitHCautioN : stopwokeaCt & empLoYeetraiNiNg labor & Employment law Section
Continuedfrompage38
defenses , subject to legal developments that may play out in court , it is still prudent for employers to revise their DEI training materials and review their policies and procedures to ensure that they have a contingency plan that aligns with the stop WoKE Act . Additionally , out of an abundance of caution , employers may want to make certain aspects of DEI trainings optional . Employers should also consider potential risks associated with issuing discipline for employee refusal to take mandated DEI training . n
1
Fla . stat . § 760.10 ( 8 )( a ) ( 2022 ).
2
Florida Civil rights Act of 1992 ( FCrA ), Fla . stat . § 760.10 .
3
The stop WoKE Act is subject to the same pre-suit administrative requirements and civil penalties as the remainder of the FCrA . § 760.11 ( 1 ).
4
§ 760.10 ( 8 )( a ) and ( b ).
5
See also Falls Et Al V . Desantis Et Al , no . 4:22-cv-00166-MW-MJF , ( n . D . Fla . June 8 , 2022 ) ( order granting in Part and Denying in Part Mot . To Dismiss ) ( finding that the plaintiffs , who consisted of teachers , a consultant , and a student , lacked standing to proceed against certain Defendants and / or failed to properly establish the injury-in-fact for their
lawsuit alleging that the stop WoKE Act , Fla . stat . § 1000.05 ( 2022 ), is in violation of their First and Fourteenth Amendment rights .)
6
Honeyfund . com Inc . et al . v . Desantis et al ., no . 4:22-cv-00227-AW- MAF , ( n . D . Fla . June 30 , 2022 ).
7
Id . ( Compl . ¶ 4 ).
8
Id . ( Mot . Prelim . Inj ., p . 2-3 ).
Author : Emeraude Lerebours – Jackson Lewis
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