Jonathan Crotty was quoted in Bloomberg Law about restrictions on workplace diversity trainings. The article focused on a recent ruling out of the Eleventh Circuit Court of Appeals that struck down part of Florida's workplace diversity training restrictions as a violation of employers' free speech rights. 

More states could go forward with restrictions on these trainings despite the likelihood they'll be struck down, Jonathan told the publication.

"The point of this may not be to put a constitutional law into place," Jonathan said. "It may be more of a political exercise depending on the circumstances."

Companies conducting diversity training could see more cases like one recently rejected in the Tenth Circuit, where a white employee in a lawsuit claimed diversity, equity, and inclusion training amounted to harassment and created a hostile work environment.

"I wonder whether that will be the next approach from people who are opposed to workplace DEI training to basically bring a reverse discrimination claim under Title VII," Jonathan said.

"What we’re telling our clients is you should focus on the content of the DEI training. Don’t just hire a vendor and let them go," Jonathan said. "What’s being communicated to your workforce? Is it consistent with the goal of the training?"

Subscribers can read the full article here: States Clash With First Amendment on DEI, Captive Audience Laws

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