Law California Imposing (Unconstitutional) Gender Quotas on All Corporate Boardrooms

[HunterSdVa29]

seriously, how is this not an EEO violation?

if they mandate that at least one person must be a woman, that means for that spot gender/sex was held against all male applicants.....

There's a massive difference between 'not discriminating' and 'forcefully assigning'.....

 

[Arkain2K]

Insult or opportunity? California bill requiring women on corporate boards spurs debate
By JULIA PRODIS SULEK | September 5, 2018​

​

A bill sitting on Gov. Jerry Brown’s desk requiring public companies to have at least one woman on their boards is intended to advance gender equality and help break the corporate glass ceiling. But Bay Area women leaders are torn: Is this an insult or an opportunity?

Regardless of political persuasion, most women interviewed Tuesday agree that inherent and systematic bias against experienced, qualified women is unfairly hampering their rise in the workplace, with some calling the discrimination “disgraceful.”

But will mandating public companies in California to put women on boards help solve the problem or create “token” positions that end up hurting women’s advancement?

https://www.mercurynews.com/2018/09...iring-women-on-corporate-boards-spurs-debate/

 

[JamesRussler]

How's that working out?

Bro, everyone who reads this board knows that I am tremendously respectful to Libtards!

 

[sub_thug]

Yes. The SB826 bill define "female" as someone who "self-identifies" as such. So @irish_thug 's joke is not actually a joke at all, for good old Sacramento already got that covered:

SEC. 2.
Section 301.3 is added to the Corporations Code, to read:

301.3.
(a) No later than the close of the 2019 calendar year, a publicly held domestic or foreign corporation whose principal executive offices, according to the corporation’s SEC 10-K form, are located in California shall have a minimum of one female director on its board. A corporation may increase the number of directors on its board to comply with this section.
(b) No later than the close of the 2021 calendar year, a publicly held domestic or foreign corporation whose principal executive offices, according to the corporation’s SEC 10-K form, are located in California shall comply with the following:
(1) If its number of directors is six or more, the corporation shall have a minimum of three female directors.
(2) If its number of directors is five, the corporation shall have a minimum of two female directors.
(3) If its number of directors is four or fewer, the corporation shall have a minimum of one female director.
(c) No later than July 1, 2019, the Secretary of State shall publish a report on its Internet Web site documenting the number of domestic and foreign corporations whose principal executive offices, according to the corporation’s SEC 10-K form, are located in California and who have at least one female director.
(d) No later than March 1, 2020, and annually thereafter, the Secretary of State shall publish a report on its Internet Web site regarding, at a minimum, all of the following:
(1) The number of corporations subject to this section that were in compliance with the requirements of this section during at least one point during the preceding calendar year.
(2) The number of publicly held corporations that moved their United States headquarters to California from another state or out of California into another state during the preceding calendar year.
(3) The number of publicly held corporations that were subject to this section during the preceding year, but are no longer publicly traded.
(e) (1) The Secretary of State may adopt regulations to implement this section. The Secretary of State may impose fines for violations of this section as follows:
(A) For failure to timely file board member information with the Secretary of State pursuant to a regulation adopted pursuant to this paragraph, the amount of one hundred thousand dollars ($100,000).
(B) For a first violation, the amount of one hundred thousand dollars ($100,000).
(C) For a second or subsequent violation, the amount of three hundred thousand dollars ($300,000).
(2) For the purposes of this subdivision, each director seat required by this section to be held by a female, which is not held by a female during at least a portion of a calendar year, shall count as a violation.
(3) For purposes of this subdivision, a female director having held a seat for at least a portion of the year shall not be a violation.
(4) Fines collected pursuant to this section shall be available, upon appropriation by the Legislature, for use by the Secretary of State to offset the cost of administering this section.
(f) For purposes of this section, the following definitions apply:
(1) “Female” means an individual who self-identifies her gender as a woman, without regard to the individual’s designated sex at birth.
(2) “Publicly held corporation” means a corporation with outstanding shares listed on a major United States stock exchange.


SEC. 3.
Section 2115.5 is added to the Corporations Code, to read:

2115.5.
(a) Section 301.3 shall apply to a foreign corporation that is a publicly held corporation to the exclusion of the law of the jurisdiction in which the foreign corporation is incorporated.
(b) For purposes of this section, a “publicly held corporation” means a foreign corporation with outstanding shares listed on a major United States stock exchange.​

https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB826

"Alright guys, unless we want to be out of jobs, one of us is going to have to be the girl. Who wants to fill out the form and say that you're a woman?"

Also, does the newest male member of the board have to identify as the woman to skirt this one? Is that potentially a form of hazing/harassment?

 

[Lord Coke]

Yes. The SB826 bill define "female" as someone who "self-identifies" as such. So @irish_thug 's joke is not actually a joke at all, for good old Sacramento already got that covered:

SEC. 2.
Section 301.3 is added to the Corporations Code, to read:

301.3.
(a) No later than the close of the 2019 calendar year, a publicly held domestic or foreign corporation whose principal executive offices, according to the corporation’s SEC 10-K form, are located in California shall have a minimum of one female director on its board. A corporation may increase the number of directors on its board to comply with this section.
(b) No later than the close of the 2021 calendar year, a publicly held domestic or foreign corporation whose principal executive offices, according to the corporation’s SEC 10-K form, are located in California shall comply with the following:
(1) If its number of directors is six or more, the corporation shall have a minimum of three female directors.
(2) If its number of directors is five, the corporation shall have a minimum of two female directors.
(3) If its number of directors is four or fewer, the corporation shall have a minimum of one female director.
(c) No later than July 1, 2019, the Secretary of State shall publish a report on its Internet Web site documenting the number of domestic and foreign corporations whose principal executive offices, according to the corporation’s SEC 10-K form, are located in California and who have at least one female director.
(d) No later than March 1, 2020, and annually thereafter, the Secretary of State shall publish a report on its Internet Web site regarding, at a minimum, all of the following:
(1) The number of corporations subject to this section that were in compliance with the requirements of this section during at least one point during the preceding calendar year.
(2) The number of publicly held corporations that moved their United States headquarters to California from another state or out of California into another state during the preceding calendar year.
(3) The number of publicly held corporations that were subject to this section during the preceding year, but are no longer publicly traded.
(e) (1) The Secretary of State may adopt regulations to implement this section. The Secretary of State may impose fines for violations of this section as follows:
(A) For failure to timely file board member information with the Secretary of State pursuant to a regulation adopted pursuant to this paragraph, the amount of one hundred thousand dollars ($100,000).
(B) For a first violation, the amount of one hundred thousand dollars ($100,000).
(C) For a second or subsequent violation, the amount of three hundred thousand dollars ($300,000).
(2) For the purposes of this subdivision, each director seat required by this section to be held by a female, which is not held by a female during at least a portion of a calendar year, shall count as a violation.
(3) For purposes of this subdivision, a female director having held a seat for at least a portion of the year shall not be a violation.
(4) Fines collected pursuant to this section shall be available, upon appropriation by the Legislature, for use by the Secretary of State to offset the cost of administering this section.
(f) For purposes of this section, the following definitions apply:
(1) “Female” means an individual who self-identifies her gender as a woman, without regard to the individual’s designated sex at birth.
(2) “Publicly held corporation” means a corporation with outstanding shares listed on a major United States stock exchange.


SEC. 3.
Section 2115.5 is added to the Corporations Code, to read:

2115.5.
(a) Section 301.3 shall apply to a foreign corporation that is a publicly held corporation to the exclusion of the law of the jurisdiction in which the foreign corporation is incorporated.
(b) For purposes of this section, a “publicly held corporation” means a foreign corporation with outstanding shares listed on a major United States stock exchange.​

https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB826

So why can't someone just have half his board say congrats you are lesbian women now/

 

[Arkain2K]

"Alright guys, unless we want to be out of jobs, one of us is going to have to be the girl. Who wants to fill out the form and say that you're a woman?"

Also, does the newest male member of the board have to identify as the woman to skirt this one? Is that potentially a form of hazing/harassment?

So why can't someone just have half his board say congrats you are lesbian women now/

Too late, @Rod1 's clumsy aspiring-politicians already ruined it by triggering the alarm.

Enterprising straight males who want to game the system with their newly purchased office dresses and high heels can still try, to their own peril.

Mexico bans 17 'false' transgender women running in local elections
By Marta Rodriguez Martinez | 14/05/2018

​

The LGBT community in Oaxaca, Mexico, is outraged after 17 men falsely identified themselves as transgender women to stand for the upcoming local elections on July 11.

Mexican media reported that various political parties registered men claiming to be transgender women to stand in the upcoming elections for local positions because they were unable to find female candidates.

Thirteen out of the 17 candidates belonged to the Coalicion Por Oaxaca (Coalition for Oaxaca), according to Mexican news website proceso.com.mx.

"In none of the cases reviewed is there a public self-addressing. They didn't even say: we're gay," said Amaranta Gomez, a member of the Muxes community, during a press conference to denounce the fraud.

The 17 men faked being a transgender woman in order to benefit from the gender quota granted by law. As a result of the scandal, their nominations have been cancelled as a precautionary measure.

"They're trampling on the LGBT flag. They attack both the Muxe community and the women because that space belongs to us, not to the men," said another member of the community.

The Oaxaca state electoral body banned the applications of the men who tried to register as transgender candidates last Friday and said they would investigate the alleged fraud by the political parties in question.

Muxes

The indigenous Zapotec cultures of Oaxaca have a long tradition of accepting muxe people, who identify as a third gender. Muxe people are assigned male at birth but do not identify as a single gender at an early age — and choose to be raised as female. In some Zapotec communities, according to the Guardian, muxe people are seen as "good luck and even a blessing".

http://www.euronews.com/amp/2018/05...-transgender-women-running-in-local-elections

 

[Orgasmo]

While we're at it, why not add a couple new categories to make it the official Oppression Olympics?

- Black American
- LGBTQ2SIA (1 of each)
- Disabled
- Muslims
- Low income

Am I missing anything else?

 

[sub_thug]

Too late, @Rod1 's people already ruined it for all the enterprising males who want to game the system with their newly purchased office dresses and high heels.

Mexico bans 17 'false' transgender women running in local elections
By Marta Rodriguez Martinez | 14/05/2018

The LGBT community in Oaxaca, Mexico, is outraged after 17 men falsely identified themselves as transgender women to stand for the upcoming local elections on July 11.

Mexican media reported that various political parties registered men claiming to be transgender women to stand in the upcoming elections for local positions because they were unable to find female candidates.

Thirteen out of the 17 candidates belonged to the Coalicion Por Oaxaca (Coalition for Oaxaca), according to Mexican news website proceso.com.mx.

"In none of the cases reviewed is there a public self-addressing. They didn't even say: we're gay," said Amaranta Gomez, a member of the Muxes community, during a press conference to denounce the fraud.

The 17 men faked being a transgender woman in order to benefit from the gender quota granted by law. As a result of the scandal, their nominations have been cancelled as a precautionary measure.

"They're trampling on the LGBT flag. They attack both the Muxe community and the women because that space belongs to us, not to the men," said another member of the community.

The Oaxaca state electoral body banned the applications of the men who tried to register as transgender candidates last Friday and said they would investigate the alleged fraud by the political parties in question.

Muxes

The indigenous Zapotec cultures of Oaxaca have a long tradition of accepting muxe people, who identify as a third gender. Muxe people are assigned male at birth but do not identify as a single gender at an early age — and choose to be raised as female. In some Zapotec communities, according to the Guardian, muxe people are seen as "good luck and even a blessing".

http://www.euronews.com/amp/2018/05...-transgender-women-running-in-local-elections

How unprogressive of Mexico. Are they assuming the gender of those candidates?!

 

[Rod1]

Too late, @Rod1 's clumsy aspiring-politicians already ruined it by triggering the alarm, enterprising straight males who still want to game the system with their newly purchased office dresses and high heels can try to their peril.

Mexico bans 17 'false' transgender women running in local elections
By Marta Rodriguez Martinez | 14/05/2018

The LGBT community in Oaxaca, Mexico, is outraged after 17 men falsely identified themselves as transgender women to stand for the upcoming local elections on July 11.

Mexican media reported that various political parties registered men claiming to be transgender women to stand in the upcoming elections for local positions because they were unable to find female candidates.

Thirteen out of the 17 candidates belonged to the Coalicion Por Oaxaca (Coalition for Oaxaca), according to Mexican news website proceso.com.mx.

"In none of the cases reviewed is there a public self-addressing. They didn't even say: we're gay," said Amaranta Gomez, a member of the Muxes community, during a press conference to denounce the fraud.

The 17 men faked being a transgender woman in order to benefit from the gender quota granted by law. As a result of the scandal, their nominations have been cancelled as a precautionary measure.

"They're trampling on the LGBT flag. They attack both the Muxe community and the women because that space belongs to us, not to the men," said another member of the community.

The Oaxaca state electoral body banned the applications of the men who tried to register as transgender candidates last Friday and said they would investigate the alleged fraud by the political parties in question.

Muxes

The indigenous Zapotec cultures of Oaxaca have a long tradition of accepting muxe people, who identify as a third gender. Muxe people are assigned male at birth but do not identify as a single gender at an early age — and choose to be raised as female. In some Zapotec communities, according to the Guardian, muxe people are seen as "good luck and even a blessing".

http://www.euronews.com/amp/2018/05...-transgender-women-running-in-local-elections

Holy shit, missed those news.

Political parties usually throw women into unwinnable districts in order to meet the quota.

 

[Arkain2K]

Holy shit, missed those news.

Political parties usually throw women into unwinnable districts in order to meet the quota.

Hahaha, I ran into a lot of WTF headlines cause I love reading world news every day.

Most are not exactly thread-worthy, but works best to confirm a hypothetical enquiry when dropped randomly into serious discussions that's somewhat related.

What I learned over the years that no matter what outrageous idea we thought of here on Sherdog, it's almost certain that somebody out there are crazy enough to try it already

 

[Ice That Jaw]

I work mostly with a single team that consists of a young Chinese woman, a young white woman, a gay man, a half Arab guy, and another plain old white guy.

LITERALLY, NOTHING WE PRODUCE WOULD BE ANY DIFFERENT IF WE WERE ALL STRAIGHT WHITE MEN.

I.e., the fact that we have representation by women, gays, asians, and arabs brings absolutely nothing of value to the table because software technology doesn't care about race, gender, or sexual orientation.

Diversity is meaningless therefore, trying to produce it intentionally is just a waste of time.

 

[dontsnitch]

Its been done now for a decade in norway and they are running into issues, namely "the golden skirts" issue -- in which the actual qualified women are running thin but companies still have to put the ladies into board roles, so its not best person for the job in a lot of cases.

Funny how this shit never gets implemented into blue collar jobs.

I used to work as a thrower at the airport. I was on a team with two women and one dude. One girl could hardly lift a bag. She weighed 90 pounds, and should not have been hired to throw bags all day. Quotas or not, you still deal with the same bs.

 

[Tiny]

While we're at it, why not add a couple new categories to make it the official Oppression Olympics?

- Black American
- LGBTQ2SIA (1 of each)
- Disabled
- Muslims
- Low income

Am I missing anything else?

Short people. Like midgets or dwarves.

Ugly people.

 

[Tiny]

I work mostly with a single team that consists of a young Chinese woman, a young white woman, a gay man, a half Arab guy, and another plain old white guy.

LITERALLY, NOTHING WE PRODUCE WOULD BE ANY DIFFERENT IF WE WERE ALL STRAIGHT WHITE MEN.

I.e., the fact that we have representation by women, gays, asians, and arabs brings absolutely nothing of value to the table because software technology doesn't care about race, gender, or sexual orientation.

Diversity is meaningless therefore, trying to produce it intentionally is just a waste of time.

Diversity is a social construct.

Lol.

Just like sexual identity.

 

[panamaican]

I don't know a lot about title IX but isn't that because the schools take public funds? Does that requirement apply to a solely private school?

Also and I had to say it. Would a transgender women qualify on this one?

Yeah, it's anti-discrimination/equal opportunity because the schools take government funds. But the thing that has always intrigued me is how it forced equal scholarships for men and women which would seem to be a de facto quota system.

I'm just curious how that works. I extend it to corporations since corporations aren't real, they're government constructs. They're fictitious and defined separately in every state and separately again by the fed. I'm left wondering how much control the state has over altering the state level definitions.

 

[Fedorable]

Marxism.

 

[panamaican]

Title IX is for places receiving federal assistance, like universities, not private sector companies. You can't have the government mandate who they can and can't hire while opposing corporate welfare.

You're missing my specific legal point. Corporations don't exist. They are imaginary government constructs that exist to provide the business participants with a variety of legal and tax options not available to businesses that are not corporations.

Let me try to briefly explain. Johnny can open a factory whenever he wants. He just gets a business license. His business is legally him. Johnny can also open a factory as a "corporation". His business is legally separate from him. In order to separate his business from himself he needs the government's express permission. Without the corporation, Johnny is responsible for everything the business does. With the corporation, he is not. That means that corporation is a means by which the government gives special privileges to some business enterprises and not others.

This means that every time someone opts to incorporate, rather than just run a business as themselves, they are taking on specific government crafted privileges and benefits. That makes me wonder if the government can step in and ask themselves if these government benefits should be allocated equally, just like they do in scholarships and Title IX.

Anyway, the core foundational point for my curiosity, is that the corporations are partially government enacted, not purely private sector players a la sole proprietorships, D/B/A's or partnerships defined solely by contractual terms.

 

[ocfightfan]

So when will they put similar quotas on the bricklaying industry?

 

[Ripskater]

A young Chinese woman, a young white woman, a gay man, a half Arab guy, and another plain old white guy walk into a bar......

fixed

 

[Tiny]

Too late, @Rod1 's clumsy aspiring-politicians already ruined it by triggering the alarm.

Enterprising straight males who want to game the system with their newly purchased office dresses and high heels can still try, to their own peril.

Mexico bans 17 'false' transgender women running in local elections
By Marta Rodriguez Martinez | 14/05/2018

​

The LGBT community in Oaxaca, Mexico, is outraged after 17 men falsely identified themselves as transgender women to stand for the upcoming local elections on July 11.

Mexican media reported that various political parties registered men claiming to be transgender women to stand in the upcoming elections for local positions because they were unable to find female candidates.

Thirteen out of the 17 candidates belonged to the Coalicion Por Oaxaca (Coalition for Oaxaca), according to Mexican news website proceso.com.mx.

"In none of the cases reviewed is there a public self-addressing. They didn't even say: we're gay," said Amaranta Gomez, a member of the Muxes community, during a press conference to denounce the fraud.

The 17 men faked being a transgender woman in order to benefit from the gender quota granted by law. As a result of the scandal, their nominations have been cancelled as a precautionary measure.

"They're trampling on the LGBT flag. They attack both the Muxe community and the women because that space belongs to us, not to the men," said another member of the community.

The Oaxaca state electoral body banned the applications of the men who tried to register as transgender candidates last Friday and said they would investigate the alleged fraud by the political parties in question.

Muxes

The indigenous Zapotec cultures of Oaxaca have a long tradition of accepting muxe people, who identify as a third gender. Muxe people are assigned male at birth but do not identify as a single gender at an early age — and choose to be raised as female. In some Zapotec communities, according to the Guardian, muxe people are seen as "good luck and even a blessing".

http://www.euronews.com/amp/2018/05...-transgender-women-running-in-local-elections

Why do you have to be gay to identify as a woman?

What if I identify as a female lesbian?