Skip to content
jdean-law

jdean-law

Politics and lawyers

Primary Menu jdean-law

jdean-law

  • Legal Aid Society
  • Law & Legal
  • News Legal
  • Law Firm
  • Politics
  • About Us
    • Advertise Here
    • Contact Us
    • Privacy Policy
    • Sitemap
  • Politics

California’s “corporate diversity” law ruled unconstitutional – HotAir

Shamika W. Patrick April 4, 2022

[ad_1]

Between 2018 and 2020, California passed two so-called “corporate diversity” bills intended to put more women and minorities on the boards of directors for corporations having headquarters in the state. AB 826 required corporations to have an increasing number of women on their boards, up to as many as three if the board had six or more members. Then came AB 979, which mandated that boards have at least one member of an “underrepresented community” by the end of 2021. Companies found to not be in compliance would be fined hundreds of thousands of dollars.

The latter bill ran into a major setback on Friday when Judge Terry Green of the Los Angeles County Superior Court ruled that Ab 979 was unconstitutional, violating the state constitution’s equal protection clause. The suit had been brought by Judicial Watch, which hailed the ruling as a significant victory over “one of the most blatant and significant attacks in the modern era on constitutional prohibitions against discrimination.” (Reuters)

A Los Angeles court has found a California law mandating that publicly traded companies include people from underrepresented communities on their boards unconstitutional, ruling in favor of a conservative group seeking an injunction against the measure.

Los Angeles County Superior Court granted summary judgment to Judicial Watch on Friday. The conservative legal group had argued the law violates the equal protection clause of California’s constitution. The ruling did not provide Judge Terry Green’s reasoning behind the decision.

The law, passed in 2020, required that publicly traded companies with a main office in California appoint at least one member of the Asian, Black, Latino, LGBT, Native American, or Pacific Islander communities to their boards by the end of 2021 through either filling a vacant seat or creating a new one.

Both of the laws in question are facing multiple lawsuits in the state, but this is the first case where one of the bills was placed on hold. Each was passed in California in response to the flurry of George Floyd and BLM protests and riots. And both have produced plenty of controversy.

AB 979 requires that at least one member of any company’s board be “Black, African American, Hispanic, Latino, Asian, Pacific Islander, Native American, Native Hawaiian, or Alaska Native, or… lesbian, bisexual, or transgender.” This should once again immediately raise the question of precisely how Black, Hispanic, or whatever the candidate is. Would someone with one Black parent and one white parent qualify? Would Elizabeth Warren make the cut? The bill gets around that troubling question by simply saying that the member needs to “self-identify” as belonging to one of those categories.

So I’m guessing that all it would take would be for the full board to sign up for one of those genealogy testing websites and get a result with some amount of minority DNA in their background, right? Even if a seemingly white person had a documented hit of Subsaharan African DNA, they could “identify” as Black and meet the requirement. (Heck, even I could qualify for the board under that rule.) The same thing would go for the gender requirement since we’re living in 2022. One of the men could simply declare themself to be a trans woman and the board would fill not only the required female slot but the LGBTQ+ requirement as well.

And while we’re on the subject, particularly since we’re talking about California, where do they get off saying that corporations have to have “a woman” on the board anyway? I have been reliably informed that there are no such things as women anymore because nobody can actually define what a woman is. Heck, we’ve got someone who is about to be appointed to the Supreme Court who has no idea what women are. Just saying…

I’m still not entirely clear what the plaintiffs meant with their claim that the law violated a prohibition against discrimination. Discrimination against who? White people? Men? (More likely white men I would imagine.) Efforts along those lines generally haven’t fared well in the courts.

If these bills were to be challenged, I would have thought the challenge should be rooted in the concept of governmental overreach. The government can set these sorts of mandatory minimums in terms of race and gender to its own governmental agencies in some cases and those types of rules have held up in the past. But these laws apply to private-sector corporations. The final judge of such questions should be the free market. Consumers are free to look up the board membership of any company and if they are offended by the gender or racial makeup of the members they are free to vote with their feet by taking their business elsewhere.

Also, while a company can certainly get itself in trouble if it can be proven that they’ve engaged in racist hiring practices, these bills don’t even raise the question of racism or sexism. They simply declare that if women or certain minorities aren’t represented on the board, they have to either replace an existing member or add another seat, even if the current members were deemed the most qualified people for the positions.

Of all of the problems with these bills, I would argue that an implied requirement for discrimination against white men would be among the weakest arguments to make. But I suppose you take your victories where you find them.

[ad_2]

Source link

Tags: In Law, Law May Be Defined As, Law Merit Badge, Law Nail Polish, Law Nation, Law News, Law Nurses Llc, Law Ny, Law Of Attraction, Law Of Demand, Law Of Independent Assortment, Law Of Sines, Law Of Surprise, Law Pay, Law Pay Login, Law Pfp, Law Pictures, Law Professor, Law Professor Jobs, Law Professor Salary, Law Public Safety Corrections And Security, M Law 100, M Law Attorneys, M Law Attorneys Apc, M Law Firm, M Lawn Care, M Lawrence, Mlaw Schedule, N Lawndale Ave, N Lawrence Ny, N Lawrence Ohio, N Lawrence St Philadelphia Pa, N Lawson, O Lawd, O Lawd He Comin, O Lawd He Comin Meme, O Lawd I'M On My Way, O Lawrence Hawthorne, Oh Law, Oh Lawd Gif, Oh Lawd He Comin Gif, P Law Firm, P Lawler Baseball, P Lawler Enterprises, P Lawrence, P Lawson Artist, P Lawson Travel, P Lawyer, Um Law Course Catalog

Continue Reading

Previous Chasing shadows and calling it politics
Next Why Keep Politics Out of the Oscars?

More Stories

The American "War for Righteousness" is a War for Evil, by Boyd D. Cathey
  • Politics

The American “War for Righteousness” is a War for Evil, by Boyd D. Cathey

Shamika W. Patrick October 30, 2022 0
Public Law Editorial Committee Membership – UK Constitutional Law Association
  • Politics

Public Law Editorial Committee Membership – UK Constitutional Law Association

Shamika W. Patrick October 29, 2022 0
European Union Covid-19 Vaccine biggest corruption scandal of mankind
  • Politics

European Union Covid-19 Vaccine biggest corruption scandal of mankind

Shamika W. Patrick October 28, 2022 0
June 2023
M T W T F S S
 1234
567891011
12131415161718
19202122232425
2627282930  
« May    

Archives

  • June 2023
  • May 2023
  • April 2023
  • March 2023
  • February 2023
  • January 2023
  • December 2022
  • November 2022
  • October 2022
  • September 2022
  • August 2022
  • July 2022
  • June 2022
  • May 2022
  • April 2022
  • March 2022
  • January 2022
  • December 2021
  • November 2021
  • October 2021
  • September 2021
  • August 2021
  • July 2021
  • June 2021
  • May 2021
  • April 2021
  • March 2021
  • January 2021
  • December 2020
  • October 2020
  • November 2018
  • January 2017

Recent Posts

  • Yanhee General Hospital, Bangkok – More Details on Their Plastic Surgery Department (Part 2)
  • Employment Law Is Not Workers’ Compensation Law
  • Law Firm SEO Practice – Specific Sites
  • Economic Crisis & Financial Climate Strategy For the General Public – Part 1
  • Six Steps For Negotiation Preparation

BL

Tags

In Law Law May Be Defined As Law Merit Badge Law Nail Polish Law Nation Law News Law Nurses Llc Law Ny Law Of Attraction Law Of Demand Law Of Independent Assortment Law Of Sines Law Of Surprise Law Pay Law Pay Login Law Pfp Law Pictures Law Professor Law Professor Jobs Law Professor Salary Law Public Safety Corrections And Security M Law 100 M Law Attorneys M Law Attorneys Apc M Law Firm M Lawn Care M Lawrence Mlaw Schedule N Lawndale Ave N Lawrence Ny N Lawrence Ohio N Lawrence St Philadelphia Pa Oh Law Oh Lawd Gif Oh Lawd He Comin Gif O Lawd I'M On My Way O Lawrence Hawthorne P Law Firm P Lawler Baseball P Lawler Enterprises P Lawrence P Lawson Artist P Lawson Travel P Lawyer Um Law Course Catalog

You may have missed

  • general

Yanhee General Hospital, Bangkok – More Details on Their Plastic Surgery Department (Part 2)

Shamika W. Patrick June 3, 2023 0
  • Law Firm

Employment Law Is Not Workers’ Compensation Law

Shamika W. Patrick June 2, 2023 0
  • Law Firm

Law Firm SEO Practice – Specific Sites

Shamika W. Patrick June 2, 2023 0
  • general

Economic Crisis & Financial Climate Strategy For the General Public – Part 1

Shamika W. Patrick May 31, 2023 0
  • News Legal

Six Steps For Negotiation Preparation

Shamika W. Patrick May 31, 2023 0
jdean-law.com | CoverNews by AF themes.

WhatsApp us