Tuesday, August 2, 2022

Florida’s ‘Guilt’ Ban May Squeeze Race Out of Diversity Training

Florida’s new law prohibiting concepts based on critical race theory from mandatory workplace trainings leaves the state’s employers with three options to continue racial diversity trainings: adjusting them, making them optional, or doing away with them all together.

To Tammy Hodo, president of All Things Diverse LLC, a Florida-based diversity training company, none of those are acceptable. If employers aren’t willing to present her trainings—which include modules on systematic racism—as they come, “I’m not going to water down what needs to be said and done, that’s a no-go for me,” Hodo said.

Hodo predicts most employers will make their trainings optional or “surface-level.” Doing away with them is what concerns Cindy-Ann Thomas, co-chair of Littler Mendelson PC’s employment and diversity practice. She said the law is so ambiguous that it will be difficult for employers to have any conversations about race without being exposed to liability.

“I have to wonder if it was drafted to be intentionally confusing, so it would almost chill employers’ desire to forge ahead in the [diversity equity and inclusion] space out of sheer concern that they may be violating the law,” Thomas said.

via www.bloomberglaw.com

Florida's law doesn't look confusing to me. I have some doubts as to its constitutional validity. Can a state really tell private corporations that they cannot be racist or sexist in certain respects? Well, states do that all the time with various anti-discrimination laws, so presumably they can. Florida is fighting fire with fire, and it is on the angel's side of fire in this battle. The DEI consultant huffing, "well, if we can't present our whole program, we just won't do anything!" is rich. 


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