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Florida has placed new restrictions on diversity, equity, and inclusion (DEI) initiatives by Florida counties and municipalities. Beginning January 1, 2027, Florida law prohibits local governments from funding, promoting, or taking official action related to DEI programs, and residents can sue local governments for alleged violations.
While the law directly applies to Florida counties and municipalities, it also has practical consequences for public employees, local officials, vendors, contractors, and private businesses that receive or use local government funds.
What Does the New Law Prohibit?
Florida’s Local Government DEI Ban creates new statutory restrictions on local government DEI activity. The new law:
- Prohibits counties and municipalities from funding, promoting, or taking official action relating to diversity, equity, and inclusion.
- Prohibits counties and municipalities from spending public funds on DEI offices or DEI officers.
- Prohibits the use of public funds by employees, contractors, volunteers, vendors, or agents to promote diversity, equity, and inclusion initiatives.
- Voids existing local ordinances, resolutions, rules, regulations, programs, and policies that use DEI frameworks.
Local officials who violate the statute while acting in their official capacity may be deemed to have committed misfeasance or malfeasance in office.
Under the new law, “diversity, equity, and inclusion” means any effort to:
- Manipulate or otherwise influence the composition of employees with reference to race, color, sex, ethnicity, gender identity, or sexual orientation;
- Promote or provide preferential treatment or special benefits to a person or group based on that person’s or group’s race, color, sex, ethnicity, gender identity, or sexual orientation; or
- Promote or adopt training, programming, or activities designed or implemented with reference to race, color, sex, ethnicity, gender identity, or sexual orientation.
Private Right of Action
One of the most significant parts of the law is its enforcement mechanism. Under the new law, individual residents can bring civil actions against counties or municipalities to challenge local government spending, policies, programs, or official actions that they contend violate the new DEI restrictions. Courts can award declaratory and injunctive relief, damages, and costs.
Contractor and Vendor Impact
Although the law directly targets local governments, private businesses may also be affected if they contract with, receive grants from, or otherwise use funds from counties or municipalities.
Contractors and vendors will be required to certify that public funds will not be used to require workers to agree with, study, or receive training based on DEI materials.
What This Means for Local Government Employees
Local government employees are likely to feel the most direct workplace impact. County and municipal employers will discontinue DEI offices and internal DEI trainings. Counties and municipalities may also end equity-focused initiatives, affinity programs, employee resource groups, recruitment programs, or other workplace initiatives that fall within the statute’s restrictions.
Employees should understand, however, that Florida’s Local Government DEI Ban does not eliminate any rights under federal or state anti-discrimination laws. Local government employers must still comply with laws prohibiting discrimination, harassment, and retaliation, including Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and the Florida Civil Rights Act.
While a local government may restrict or eliminate DEI programs, it cannot lawfully discriminate against employees or retaliate against employees for engaging in protected activity.
What This Means for Private Employees
The law does not directly regulate private employers the same way as it restricts Florida counties and municipalities. However, private employers using local government funds or working under a local government contract or grant may need to make adjustments to ensure compliance.
That said, covered private employers still may not discriminate against employees based upon protected class, or retaliate against employees for reporting discrimination, requesting a disability accommodation, taking protected medical leave, participating in an investigation, or opposing unlawful workplace practices. In most cases, Florida and federal anti-discrimination laws apply to private employers with 15 or more employees, although the Age Discrimination in Employment Act generally applies to employers with 20 or more employees.
Practical Takeaway
For employees who experience discrimination or retaliation, the key issue remains whether the employer violated federal or state employment laws. The elimination of a DEI program does not eliminate an employee’s right to report discrimination, request accommodations, take protected leave, or oppose unlawful workplace conduct.
Amanda L. Biondolino, PLLC represents Florida employees in discrimination, retaliation, disability accommodation, and wrongful termination matters. If you believe your employer violated your workplace rights, contact the firm to schedule a confidential consultation.
