California Law Requiring Women on Boards is Unconstitutional, Judge Rules

California Law Requiring Women on Boards is Unconstitutional, Judge Rules


A state choose has struck down a landmark California legislation requiring girls be included on company boards as unconstitutional.

Superior Court Judge Maureen Duffy-Lewis stated in a ruling dated Friday that the 2018 legislation violated the equal safety clause of the state’s structure. The legislation required publicly traded firms headquartered in California to have as much as three feminine administrators, relying on the variety of measurement of the board, by 2021 or face fines.

The legislation was challenged by the conservative authorized group Judicial Watch, which argued that use of taxpayer funds to implement a legislation mandating a gender-based quota violated the equal safety clause of the California Constitution. In her 28-page ruling, Judge Duffy-Lewis agreed, saying “the plaintiff’s proof is compelling.”

“The courtroom eviscerated California’s unconstitutional gender quota mandate,” Judicial Watch President Tom Fitton stated in an announcement. The California Secretary of State’s Office did not instantly reply to a request for remark.

When then-Gov. Jerry Brown signed the invoice into legislation in September 2018, he famous it may very well be overturned however stated however he needed to ship a message throughout the #MeToo period.

“Given all of the particular privileges that companies have loved for thus lengthy, it is excessive time company boards embrace the individuals who represent greater than half the ‘individuals’ in America,” Brown wrote in asserting his signing of the invoice.

The legislation got here because the tech trade continued to grapple with variety points. The numbers of girls in tech have been low. In 2018, Equilar, an organization that makes a speciality of board recruiting, discovered that 20.4% of expertise firms on the Russell 3000 Index had no girls of their boards.

Since the legislation was signed in 2018, girls now account for 26.5% of public firm board seats, in accordance with the California Partners Project, a sponsor of the legislation.


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