COUNCIL FOR DIVERSITY AND INCLUSION
Chair ’ s
COLUMN
A Discussion About
As of the date I write this article , the Florida Senate has passed SB 1834 and will be voting on passing SB 148 in days . These bills have already passed in the House . By the time you read this , these bills are likely to be signed into law . You ’ ve heard of these bills as the
“ Parental Rights in Education ” Bill and the
“ Stop the Wrongs to Our Kids and Employees ” Bill . They ’ ve also been referred to as the “ Don ’ t Say Gay ” and “ Stop WOKE ” bills . Given the debate over these laws , it ’ s important we , as lawyers , put eyes on some of the more controversial language in these bills .
The Parental Rights in Education Bill states , among other things , that school boards must adopt procedures for notifying a student ’ s parent “ if there is a change in the student ’ s services
In addition , the bill states that , “ A school district may not encourage classroom discussion about sexual orientation or gender identity in primary grade levels or in a manner that is not age-appropriate or developmentally appropriate for students .” It immediately goes on to state that “ A parent of a student may bring an action against a school district to obtain a declaratory judgment that a school district procedure or practice violates this paragraph and seek injunctive relief . A court may award damages and shall award reasonable attorney fees and court costs to a parent who receives declaratory or injunctive relief .”
The Stop WOKE bill targets workplaces and schools . It defines as discrimination any workplace instruction which would promote the idea that “ an individual , by virtue of his or her race , color , sex , or national origin , is inherently racist , sexist , or oppressive , whether consciously or unconsciously .” Further , the law would define as discrimination whenever an individual “ should feel discomfort , guilt , anguish , or any other form of psychological distress on account of his or her race , color , sex , or national origin .” The Stop WOKE bill does make an exception that the topics are not prohibited from discussion , provided that
14 | THE DOCKET - APRIL 2022