Florida’s “Individual Freedom” Act

At A Glance

• Florida passed a bill limiting diversity, equity, and inclusion training in workplaces
• The act applies to employers with 15 or more employees
• Unlawful employment practices related to employee training are prohibited
• The effective date is July 1, 2022

Summary

On April 22, 2022, Florida Governor DeSantis signed into law HB 7, also known as the “Individual Freedom” act. The law expands the Florida Statute 760.10 providing that subjecting any individual to required employment training that “espouses, promotes, advances, inculcates, or compels such individual to believe specified concepts” is unlawful. The act prohibits employers of 15 or more employees from subjecting an employee to a diversity training that causes an employee to believe certain concepts or makes him/her uncomfortable as a result of these concepts being discussed.

The law becomes effective July 1, 2022. 

Unlawful Employment Training

The Florida State Legislature states that certain diversity, equity, and inclusion training concepts that compels an individual to believe them will be unlawful including:

• 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, 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 his or her race, color, sex, or national origin.
• Members of one race, color, sex, or national origin cannot and should not attempt to treat others without respect to race, color, sex, or national origin.
• An individual, by virtue of his or her 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 his or her 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 his or her 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.

The bill does not prohibit discussion of the above concepts as part of employee training as long as the training is given in an objective manner without endorsement of the concepts.

Next Steps

Employers should review their employee training programs and make any applicable changes to support the requirements listed above.

Thank you for choosing Paylocity as your Payroll Tax and HCM partner. This information is provided as a courtesy, may change and is not intended as legal or tax guidance. Employers with questions or concerns outside the scope of a Payroll Service Provider are encouraged to seek the advice of a qualified CPA, Tax Attorney or Advisor.