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|    Message 26,302 of 27,547    |
|    Leroy N. Soetoro to All    |
|    Here's what Florida employers need to kn    |
|    22 Apr 22 18:12:38    |
      XPost: talk.politics.guns, fl.general, sac.politics       XPost: alt.fan.rush-limbaugh, rec.arts.disney.parks       From: democrat-criminals@mail.house.gov              https://news.yahoo.com/florida-employers-know-desantis-approves-       100000337.html              Gov. Ron DeSantis is expected to soon sign legislation that will open a       new front in how employers will need to think about workplace activities       and set new state guidelines for what would constitute “unlawful       employment practices.”              House Bill 7, titled “Individual Freedom,” was one of the most contentious       pieces of legislation considered by lawmakers during the legislative       session that ended in mid-March. While much of the attention focused on       the restrictions that would be applied to the classroom, the bill could       also alter Florida businesses’ labor practices — in particular restricting       how employers present programs aimed at promoting diversity, equity and       inclusion at work.              READ MORE: The “anti-woke” bill has potentially negative impact on Florida       universities, too              Ellen M. Leibovitch, an employment lawyer based in Boca Raton, says       employers who offer training to employees on discrimination and harassment       should be prepared to tailor the curriculum and presentation of their       training programs.              “I think that employers are maybe not going to be doing these trainings       anymore, or they’re going to do these trainings so neutral as to really       not have the intended impact that they are supposed to have,” Leibovitch       said.              The push comes as DeSantis and Florida Republicans take aim at “corporate       wokeness” and publicly clash with The Walt Disney Company over the       company’s opposition to a bill banning the teaching of gender-related       issues to kids younger than third grade — and potentially higher grades.              How the law changes       In practice, the bill would amend the Florida Civil Rights Act and make it       unlawful for employers to subject workers to “training, instruction, or       any other required activity” that promotes or compels them to believe the       following concepts:              That virtues such 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.       That members of one race, color sex, or national origin are morally       superior to members of another race, color, sex or national origin.       That 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.       That an individual, by virtue of their race, color, sex, or national       origin, is inherently racist, sexist, or oppressive, whether consciously       or unconsciously.       That 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.       That a member 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.       That an individual, by virtue of their race, color, sex, or national       origin, bears responsibility for and must feel guilt, anguish, or other       forms of psychological distress because of actions committed in the past       by other members of the same race, color, sex, or national origin.       That 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.       Potential fallout for employers       If an employee believes their employer has violated any of those       principles when delivering a training program, they can sue and pursue a       claim for relief, including damages and attorneys’ fees.              The potential of lawsuits as an enforcement mechanism are likely to have a       chilling effect on how employers convey certain diversity and inclusion       goals in training sessions, according to some labor lawyers and       consultants in the human resources field.              Supporters say the bill is meant to protect workers from being told they       should feel bad about historical wrongs committed by people of their same       race, gender or national origin.              The bill sponsor, Rep. Bryan Avila, R-Miami Springs, acknowledged part of       the intent is to eliminate workplace programs that promote the concept of       “white privilege” and broadly singled out training programs promoted by       Walt Disney Co., Coca-Cola, American Express and Google, that he said       would be in violation of the bill.              “Whether it is training on how to be less oppressive, or less white, all       those things should not be occurring,” Avila said in a committee hearing       in February. “All of those things are counterproductive to where we want       to be as a nation, state, as a community.”              A solution for ‘a problem that doesn’t exist’       Penny Morey, a human resources executive and consultant with more than 30       years of experience in the field, said she has never encountered a       training session curriculum that espouses the concepts the bill seeks to       ban.              The problem, she argued, is that the bill could trigger lawsuits based on       how someone perceives the delivery of a training program.              “This law is trying to fix a problem that doesn’t exist,” she said. “But       please know that when I say bogus lawsuits exist, they do. People can find       an attorney that works on contingency now and then, who will take       something like this because it may make them some money on a contingency       basis. They may get some publicly, they may get some attention — and that       is going to be the chilling effect.”              Morey said she believes most companies and employers will likely “wait and       see” how the bill is rolled out and what the reaction is among employees.              “I think the danger is that a lot of employers — and I don’t particularly       blame them — will say ‘let’s step back away and take that out for now and       let’s tackle it later when we know better about how this is going to be       enforced,’ ” she said.              Unintended consequences?       Another issue is that part of the reason why employers have training       programs in the first place is to insulate themselves from liability,       Leibovitch said. Training sessions can offer employers a layer of       protection to say they tried to prevent wrongdoing in the workplace if an       employee acts inappropriately. The company can still be liable, but those       programs can show they tried to tell employers not to act in a certain       way.              “If you don’t do the training then you really have no defense that you       were trying to prevent,” said Sen. Tina Polsky, D-Boca Raton, a labor and       employment attorney.              If an employer goes through with a training program that could put them at       risk of a lawsuit, they will also need to take into consideration their       insurance policies.              “The insurance that employers buy may not cover this yet because it is so              [continued in next message]              --- SoupGate-Win32 v1.05        * Origin: you cannot sedate... all the things you hate (1:229/2)    |
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