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Legal Challenge To California Board Gender Quota Law Filed

As mentioned in yesterday's post, a much predicted challenge to California's board gender quota law was recently filed.  The complaint alleges a single cause of action - violation of Article I, Section 31 of the California Constitution.  That provision prohibits the State of California from discriminating against, or granting preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting.  

A number of other constitutional challenges to the law could have been alleged, including violation of Article XIV, Section 1 of the United States Constitution (providing that no State shall deny any person within its jurisdiction the equal protection of the laws.  My guess that the plaintiffs, three individuals, decided not to make a federal case due to concerns about establishing constitutional standing .  See Oxfam America Takes A Stand, But Does It Have Standing?  California courts, however, does not have the same constitutional standing requirement and by statute allows for taxpayer standing.  Cal. Code Civ. Proc. § 526a.  See CalPERS Suffers Standing Setback In Spiking Suit.

© 2010-2020 Allen Matkins Leck Gamble Mallory & Natsis LLP National Law Review, Volume IX, Number 226


About this Author

Keith Paul Bishop, Corporate Transactions Lawyer, finance securities attorney, Allen Matkins Law Firm

Keith Paul Bishop is a partner in Allen Matkins' Corporate and Securities practice group, and works out of the Orange County office. He represents clients in a wide range of corporate transactions, including public and private securities offerings of debt and equity, mergers and acquisitions, proxy contests and tender offers, corporate governance matters and federal and state securities laws (including the Sarbanes-Oxley Act of 2002 and the Dodd-Frank Act), investment adviser, financial services regulation, and California administrative law. He regularly advises clients...