California diversity law unconstitutional
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)
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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.
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Race-based requirements are inherently controversial. The replace merit. They make about as much sense as a law that requires football teams to hire petite women of any race as defensive tackles.
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