There's now a legal challenge to the 2018 California law requiring publicly held corporations of a certain size with principle executive offices in the state to have at least one female director on their boards by the end of 2019. Up to three female directors must be serving on the affected corporate boards by the end of 2021, depending on the size of the board.
Judicial Watch filed suit in Los Angeles County Superior Court on behalf of three California taxpayers. The lawsuit alleges that the mandate is an unconstitutional gender-based quota.
"California’s gender quota law is brazenly unconstitutional," said Judicial Watch President Tom Fitton. "Even Gov. Brown, in signing the law, worried that it is unconstitutional. Judicial Watch’s California taxpayer clients are stepping up to make sure that California’s Constitution, which prohibits sex discrimination, is upheld."
Companies that fail to comply face fines of $100,000 for a first violation and $300,000 for a second or subsequent violation.
A Columbia Business Law Review in April of this year stated, "What is clear is that if the California legislation faces legal challenge in the Courts, it is likely to be struck down as unconstitutional."
California Attorney General Xavier Becerra did not immediately offer comment on the lawsuit.