Florida restricts employee training on certain concepts

Florida has enacted legislation (Senate Bill 7) that prohibits employers with 15 or more employees from subjecting an individual to training that endorses certain concepts about discrimination. Senate Bill 7 takes effect July 1, 2022.

The details:

Senate Bill 7 establishes that covered employers engage in an unlawful employment practice if they subject individuals to training that promotes, advances or compels the individual to believe that any of the following concepts constitutes discrimination based on race, color, sex or national origin:

• 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 their race, color, sex, or national origin, is inherently racist, sexist, or oppressive, whether consciously or unconsciously.
• An individual’s moral character or status as either privileged or oppressed is necessarily determined by their race, color, sex, or national origin.
• Members of one race, color, sex, or national origin cannot and shouldn’t attempt to treat others without respect to race, color, sex, or national origin.
• An individual, by virtue of their race, color, sex, or national origin, bears responsibility for, or should be discriminated against or receive adverse treatment because of, actions committed in the past by other members of the same race, color, sex, or national origin.
• An individual, by virtue of their race, color, sex, or national origin, should be discriminated against or receive adverse treatment to achieve diversity, equity, or inclusion.
• An individual, by virtue of their race, color, sex, or national origin, bears personal responsibility for and must feel guilt, anguish, or other forms of psychological distress because of actions, in which the individual played no part, committed in the past by other members of the same race, color, sex, or national origin.
• Such virtues as merit, excellence, hard work, fairness, neutrality, objectivity, and racial colorblindness are racist or sexist, or were created by members of a particular race, color, sex, or national origin to oppress members of another race, color, sex, or national origin.

However, the law states it shouldn’t be construed to prohibit discussion of the concepts listed above as part of a larger course of training, provided such training is given in an objective manner without endorsement of the concepts.

Next steps:

If you have 15 or more employees:

• Consult legal counsel to discuss the impact of Senate Bill 7 on your employee training.
• Revise employee training, if necessary, by July 1, 2022.  Note that training provided by ADP will include a disclaimer indicating: “This training does not espouse, promote, advance, instill, or compel an employee or individual to believe the concepts listed in Florida HB 7.”
• Watch for developments closely, as Senate Bill 7 is already being challenged in court.