Now Profits Are a Justification for Discrimination?

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In what amounts to state-orchestrated discrimination, California is using bizarre grounds to mandate racial and gender diversity on corporate boards.

NRPLUS MEMBER ARTICLE T he trial commenced this week in Crest v. Padilla, a lawsuit filed by Judicial Watch to enjoin California from requiring that publicly held corporations headquartered in California include at least one director who “self-identifies” as a woman. Pursuant to California’s SB 826, by the end of 2021, up to three self-identified women will be required, depending on the size of the board.

In September 2020, two years after enacting SB 826, California went even further, when Governor Newsom signed AB 979 into law. That law requires that California-headquartered public companies also include at least one director from an “underrepresented community,” and

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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. 


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