Did Florida Make It Illegal To Refuse To Hire White Nationalists, and Yet Make Affirmative Action And CRT Legal? The Utter Stupidity of the Stop WOKE Act.

 The Florida legislature, in its infinite wisdom, has decided to modify Florida's anti-discrimination statute with the Stop WOKE Act. /1

There's a lot stupid about this, but let's unpack some of the most idiotic parts. 

The Whole Thing Is Opposite What They Meant

As has been the Florida Legislature's practice this session, the whole thing says the opposite of what they probably meant. Because the way it reads looks like the entire list (I put the whole list in a footnote below) is something the legislature believes is not discrimination, and should not be taught as such. But what they may have actually meant is that they think the entire list actually is discrimination. They wrote that, "Subjecting any individual, as a condition of employment, membership, certification, licensing, credentialing, or passing an examination, to training, instruction, or any other required activity that espouses, promotes, advances, inculcates, or compels such individual to believe any of the following concepts constitutes discrimination based on race, color, sex, or national origin under this section" is illegal.

But what they should have written instead is: "Subjecting any individual, as a condition of employment, membership, certification, licensing, credentialing, or passing an examination, to training, instruction, or any other required activity that espouses, promotes, advances, inculcates, or compels such individual to believe any of the following concepts constitutes discrimination based on race, color, sex, or national origin under this section" is illegal.

Is it illegal to discriminate against white nationalists?

What really jumps out at me is that employers are not allowed to refuse to hire someone who believes that, "Members of one race, color, sex, or national origin are morally superior to members of another race, color, sex, or national origin." We're talking white nationalists here. As I read this, employers can't refuse to hire white nationalists in Florida. Taking out all the qualifiers, other types of discrimination, and weaselly language, here's what it says is one of the things that is illegal with respect to race discrimination: 

Subjecting any individual, as a condition of employment, to any required activity that compels such individual to believe the following concept constitutes discrimination based on race: 

1. Members of one race are morally superior to members of another race.

Since white nationalists, by definition, believe whites are superior in every way to non-whites, that means employers can't refuse to hire (or fire once they find out about their beliefs) white nationalists? This is what happens when you put in language deliberately meant to confuse and obfuscate your intent. 

Is Discrimination Based On Your Ancestors' Race Now Legal?

Let's look at another provision that says something stupid. 

The legislature also says that this concept is not discrimination: 

"An individual, by virtue of his or her race, color, sex, or national origin, bears responsibility for, or should be discriminated against or receive adverse treatment because of, actions committed in the past by other members of the same race, color, sex, or national origin." 

So now it's also illegal to refuse to hire or fire anyone who believes that they should discriminate against employees or potential employees because of actions committed in the past by other members of the same race, color, sex, or national origin. Did they mean this? Or is it just too many double negatives? Who knows? It's the law now in Florida.

Is Affirmative Action Now Legal?

I think they also just made affirmative action legal, since they say this is not discrimination:

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.

Hello affirmative action.

Wait, I Thought They Were Against Critical Race Theory

The legislature also decided that employers are not allowed to refuse to hire someone who believes in some key tenets of Critical Race Theory. They also decided that employers can't subject employees to training that says Critical Race Theory is discrimination. Don't believe me? Look at the wording and tell me I'm wrong.

/1The statute now has this language added to it:

760.10 Unlawful employment practices.— 

(8)(a) Subjecting any individual, as a condition of employment, membership, certification, licensing, credentialing, or passing an examination, to training, instruction, or any other required activity that espouses, promotes, advances, inculcates, or compels such individual to believe any of the following concepts constitutes discrimination based on race, color, sex, or national origin under this section: 

1. Members of one race, color, sex, or national origin are morally superior to members of another race, color, sex, or national origin. 

2. An individual, by virtue of his or her race, color, sex, or national origin, is inherently racist, sexist, or oppressive, whether consciously or unconsciously. 

3. 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. 

4. 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. 

5. An individual, by virtue of his or her race, color, sex, or national origin, bears responsibility for, or should be discriminated against or receive adverse treatment because of, actions committed in the past by other members of the same race, color, sex, or national origin.  

6. 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. 

7. An individual, by virtue of his or her race, color, sex, or national origin, bears personal responsibility for and must feel guilt, anguish, or other forms of psychological distress because of actions, in which the individual played no part, committed in the past by other members of the same race, color, sex, or national origin. 

8. Such virtues 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. 

(b) Paragraph (a) may not be construed to prohibit discussion of the concepts listed therein as part of a course of training or instruction, provided such training or instruction is given in an objective manner without endorsement of the concepts.