California’s women on boards law is unconstitutional, judge rules
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Advertisement California’s women on boards law key3728 is unconstitutional, judge rules world Share this article
16/05/2022 | 18:24 PM By Brian Melley, Associated Press
A Los Angeles judge has ruled that California’s landmark law requiring women on corporate boards is unconstitutional.
Superior Court Judge Maureen key3729 Duffy-Lewis said the law that would have required boards to have up to three female directors by this year violated the right to equal treatment.
The conservative legal group Judicial Watch had challenged the law, claiming it was illegal to use taxpayer funds to enforce a law that violates the equal protection clause of the California key3730 Constitution by mandating a gender-based quota.
BREAKING @JudicialWatch Victory: @AP reporting court rules gender quota mandate for corporate boards in California unconstitutional. This comes on heels of another victory against unconstitutional quotas based on race and lgbt status. Tom Fitton (@TomFitton) May 16, 2022
The law was on shaky ground from the start with a legislative analysis saying it could be difficult to defend and then-governor Jerry Brown saying he was signing it despite the potential for it to be overturned by a key3726 court.
AdvertisementMr Brown said he signed the bill to send a message during the #MeToo era.
In key3725 the three years it has been on the books, it has been credited key3735 with key3727 improving the standing of women in corporate boardrooms.
The state defended the law as constitutional saying it was necessary to reverse a culture of discrimination that key3731 favoured men and was put in place only after other measures failed.
The state also said the law did not create a quota because boards could add seats for key3723 female directors without stripping men of their positions.
Although the law carried potential hefty penalties for failing to file an annual report or comply with the law, a chief in the secretary of state’s office acknowledged during the trial that it was toothless.
No fines have ever been levied and there was no intention to do so, Betsy Bogart testified. Further, a letter that surfaced during trial from former secretary of state Alex Padilla warned Mr key3721 Brown weeks before key3732 he signed the law that it was probably unenforceable.
“Any attempt by the secretary of state to collect or enforce key3734 the fine would likely
fake air king watch exceed its authority,” Mr Padilla wrote.
The law required publicly held companies key3733 headquartered in California to have one member who identifies as a woman on their boards of directors by key3722 the end of 2019.
By key3724 January 2022, boards with five directors were required to have two women and boards with six or more members were required to have three women.
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