California Law Requiring Women On Corporate Boards Ruled Unconstitutional

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A Los Angeles judge ruled unconstitutional a state law mandating public companies save a board seat for women, unraveling one of the linchpins of the state's 2018 attempt at increasing gender equity.

A bill requiring women to sit on California corporations’ boards was passed by the democratic legislature and signed into law in September 2018 by then Gov. Jerry Brown. Public companies with headquarters in the state were required to bring aboard one female director by the end of 2019 and companies with five-member boards were required to have two women on the board by the end of 2021. Corporations with six or more directors would need to tap three women to join the board.

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A Los Angeles judge ruled that the California law mandating corporations add minorities and LGBTQ members to boards was unconstitutional in April. Judicial Watch was a litigant in that case also and the lawsuit mirrored the same argument; the case argued the measure violated the California Constitution’s Equal Protection Clause and challenged the legality of tapping into taxpayer funds for enforcement.

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