The Workplace

 It used to be that the Republicans were pro-business well down in Florida the Republicans have become very, very anti-business. First they attacked Disney and took away their special status and now the WOKE Act.

The WOKE Act what the heck is that?

What is DeSantis’s ‘Stop WOKE Act’?

Enforcement of the law, which took effect in July, was partially blocked by a federal judge on Thursday.
The Hill
By Brooke Migdon
August 19, 2022


A federal judge on Thursday issued a temporary injunction that partially blocks officials in Florida from enforcing the state’s law against mandatory workplace trainings about race or sex that could make some people feel “guilt” or “anguish.”

The law, known as the “Stop Woke Act,” where woke is used as an acronym for “Wrongs to Our Kids and Employees,” was designed to combat “woke indoctrination” in Florida businesses and schools by prohibiting instruction that could make some parties feel they bear “personal responsibility” for historic wrongdoings because of their race, sex or national origin.

Only the private employer provision of the law is blocked by Thursday’s ruling.

“Normally, the First Amendment bars the state from burdening speech, while private actors may burden speech freely,” District Court Judge Mark Walker wrote Thursday. “But in Florida, the First Amendment apparently bars private actors from burdening speech, while the state may burden speech freely.”

[…]

Florida business owners with more than 15 employees under the law could face legal challenges from workers who feel they have been targeted by mandatory trainings or discriminated against.

Now then there is something called Title VII you might have heard of it?

Title VII of the Civil Rights Act of 1964

It shall be an unlawful employment practice for an employer -

(1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin; or

(2) to limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual's race, color, religion, sex, or national origin.

Wait a minute!

The federal says it is illegal to discriminate but the state law says you can!

You can see the dilemma a business will be in, torn between federal law and state law.

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In an article in Quartz they write about making a business trans friendly…

Trans-inclusive workplaces: 5 considerations for companies
Tactical ways companies can create a trans-inclusive workplaces that benefits everyone
By Liza Smyth
October 25, 2022


Modern corporations are expected to make progress and support their employees differently than they have in the past. Still, transgender women are being left out and left behind by corporate America. In fact, transgender adults are twice as likely to be unemployed as cisgender adults, according to a McKinsey Report. The report identifies another bleak reality for transgender adults. Salaries for employed transgender individuals trail behind salaries for cisgender employees by 32% per year.

Although organizations in the US have come a long way in supporting LGBTQ+ employees, we must do better. Fostering a truly inclusive work environment for transgender women will take genuine DEIB [ Diversity, Equity, Inclusion, and Belonging] commitment from our corporate leaders.

The author goes on to list the five of them,

• Provide gender identity education.
• Create a culture that welcomes transparency.
• Implement trans-friendly policies.
• Create and promote ERGs [Employee Resource Group].
• Encourage true allyship.

You can see how these five things will be in direct conflict with Florida’s law. If you follow Title VII you are in opposition to Florida’s law but if you obey federal law you are in opposition to federal law.

Isn’t that a nice predicament that Florida has placed businesses in?