Some European countries, including Norway
and France, already require corporate boards to
include women.
“The law mandates exactly what the equal
protection clause forbids — taking into account
things like sex or race,” foundation attorney
Anastasia Boden said. “The Constitution is meant
to ensure that people are free to be individuals.
Here, the law assumes that people of the same
sex are essentially interchangeable.”
Another conservative group, Judicial Watch,
sued in August, arguing that spending taxpayer
money to enforce the law would violate the
California Constitution.
Secretary of State Alex Padilla is named in both
lawsuits. He’s asking a judge to throw out the
Judicial Watch lawsuit, saying taxpayers have not
been harmed and thus have no standing to sue.
Companies face $100,000 fines if they fail to
report their board compositions to Padilla’s
office. Those who fail to include the required
number of female board members can be fined
$100,000 for a first violation and $300,000 for
subsequent violations.
Former Gov. Jerry Brown signed the measure
into law last year as lawmakers reacted to the
national #MeToo movement against sexual
misconduct. The Democratic governor said at
the time that the legislation had “potential flaws”
that could block its implementation but that it
was important to send a message.
Image: Rich Pedroncelli