The Act amends the Florida Civil Rights Act, making it unlawful for employers to host mandatory employee trainings that promote certain concepts related to discrimination, diversity, equity, and inclusion.

Employees who believe their employers' trainings violate the Act may file administrative discrimination complaints with the Florida Commission on Human Relations (FCHR) and civil suits against their employers for damages, including attorneys’ fees, compensatory damages for mental anguish, loss of dignity, and other intangible injuries, and punitive damages capped at $100,000.

Who is covered by the law?

Public and private Florida employers who are subject to the Florida Civil Rights Act (with 15 or more employees).

What are the main provisions?

The Act restricts employers from requiring diversity training that “espouses, promotes, advances, inculcates, or compels [employees] to believe” certain prohibited concepts related to race, color, sex or national origin (eg: members of one race, color, sex, or national origin are morally superior to members of another race, color, sex, or national origin; 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, etc).

What training on diversity are still permitted?

The Act provides that its amendments “may not be construed to prohibit discussion of these concepts … as part of a larger course of training or instruction, provided that the training or instruction is given in an objective manner without endorsement of the concepts.”

Even if it is not a very clear rule, employers can still pursue their diversity initiatives and require employee attendance at diversity trainings, verifying that the content of such trainings does not suggest any of the concepts prohibited by law.

Morover, the Act by, its literal wording, does not appear to apply to voluntary trainings and discussions.

Employers should verify that their diversity, equity, and inclusion training materials are compliant with the new law and act immediately if not, to avoid the risks of penalties and damages requests from employees.

Diversity and inclusion policies are a hot topic in the US, on which US companies spend around USD 8 billion per year.

A recent survey conducted in 2020 by McKinsey & Co., confirmed the cost-effectiveness of investing in diversity and inclusion (D&I): more diverse companies are more likely than ever to outperform their less diverse peers in terms of profitability.

However, the new law risks creating concerns for employers about its practical implementation and making it more complicated, rather than easier, to implement D&I policies.