CA is close to passing a law that would require public corporations, headquartered in the state, to have at least 1 woman on their BoD by 2019, and more going forward, depending on the size of the Board.
I can’t see how this is not explicitly a quota, which I believe the SCOTUS has said is not constitutional. Is there something I’m missing?
As for wether this is good public policy or not, I’m going to say “no”. It might very well be good for many companies to have women on their BoDs, but I don’t think the government should be micro-managing private corporations at that level. It would be one thing for the state to decide it didn’t want to business with companies that had all-male BoDs, but it should be up to the shareholders to decide the make-up of the Board.
I’m not going to claim that this will necessarily hurt companies. It probably won’t. But I believe it is a principle established in our jurisprudence (no mandated quotas) that we should maintain. Equality of opportunity, not equality of outcome.