Publication

Workplace Word® – Board Diversity Initiatives Falter in the Courts but Investor Interest is Likely to Remain Strong

Jun 27, 2023

Last year, Superior Courts in Los Angeles County invalidated two California statutes requiring specific diversity mandates for California public company boards (Senate Bill 826 “SB 826” and Assembly Bill 979 “AB 979”). The laws allocated a certain number of seats to female candidates and candidates from underrepresented communities. In two separate decisions, the trial courts held that the statutes violate the Equal Protection Clause of the California Constitution by requiring diversity-based “quotas.” While both cases are still on appeal, the Court of Appeals has left the trial courts’ orders in place, enjoining enforcement of either law. 

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