April 13, 2022

California Court Holds Board-Diversity Law Unconstitutional - National Review

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Opining that civil rights pertain to individuals, not groups, a judge strikes down the state’s racial and gender-identity requirements for corporate boards.

ACalifornia state judge has granted the plaintiffs summary judgment in Crest v. Padilla (Crest II), finding the state’s mandate that California-headquartered public companies select their directors based on race or LGBTQ+ status violates the equal-protection clause of the California constitution “on its face.”

Crest II was filed in October 2020 by Judicial Watch on behalf of three California taxpayers to prevent the state from enforcing Corporations Code Section 301.4 (previously, AB 979), which requires that California-headquartered public companies include at least one director from an “underrepresented community,” and by the end of 2022, up to three such directors, depending on the ...

Kenin M. Spivak is the founder and chairman of SMI Group LLC, an international consulting firm and investment bank, and a lifetime member of the National Association of Scholars.


source: https://www.nationalreview.com/2022/04/california-court-holds-board-diversity-law-unconstitutional/

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