Judge: California's women on boards law is unconstitutional

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Judge: California's women on boards law is unconstitutional
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A Los Angeles judge has ruled that California’s landmark law requiring women on corporate boards is unconstitutional

Superior Court Judge Maureen Duffy-Lewis said the law that would have required boards have up to three female directors by this year violated the right to equal treatment. The ruling was dated Friday.

In the three years it has been on the books, it’s been credited with improving the standing of women in corporate boardrooms. 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 Brown weeks before he signed the law that it was probably unenforceable.

The Women on Boards law, also known by its bill number, SB826, called for penalties ranging from $100,000 fines for failing to report board compositions to the California secretary of state’s office to $300,000 for multiple failures to have the required number of women board members. Deputy Attorney General Ashante Norton said alternatives to a law mandating seats for women had been tried in California to no avail. In 2013, for example, the Legislature passed a resolution to get companies to add women to their boards, but few did.

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