Posted on 10/11/2018 4:07:31 PM PDT by Libloather
California's new gender quota law, SB 826, has attracted widespread attention. The law mandates that a publicly held domestic or foreign corporation principal executive offices, according to the corporation’s SEC Form 10-K , are located in California must have a minimum of one female director on its board by the close of 2019. No later than the close of 2021, the corporation must have a minimum of three female directors, if its number of directors is six or more; a minimum of two female directors if its number of directors is five, or a minimum of one female director if its number of directors is four or fewer. Some readers have questioned the definition of "female" for purposes of the statute.
The California legislature has defined "gender" in several different codes (e.g., Civ. Code § 51; Educ. Code § 10.7; and Ins. Code § 10140). Recently, it has recognized at least three genders - female, male, and nonbinary. See California Bill May Spur Rewriting Gender Boilerplate. I have been unable, however, to locate any existing California statute that defines "female", "male" or "nonbinary".
Given the substantial penalties that may be assessed for failure to have the prescribed minimum number of female directors, who counts as a female director could be an important question. The legislature provides a Delphic answer ("γνῶθι ἑαυτόν") by defining a "female" for purposes of the gender quota requirements as "an individual who self-identifies her gender as a woman, without regard to the individual’s designated sex at birth". Cal. Corp. Code § 301.3(f)(1).
(Excerpt) Read more at natlawreview.com ...
I can see where this is going. “Gentlemen, who is putting on the dresses for the board meeting tomorrow?”
So a California corporation, say, Apple, could put me on their board as a female if I really, really feel like I am one?
I bet Apple is a Delaware company, just like 99.99% of public companies.
What a stupid question. A simple blood test should provide the answer.
It defies imagination that they can support google or facebook discriminating as they see fit by excusing them for being a private business, yet they can make a law to dictate how private boards can operate.
Yeah, I can’t do either of those things. Better stick with the equipment I’ve got...
I thought they figured this out last month . . . females are the ones with the front holes.
“If I had a piece of bread for every gender, I could make a sandwich” - Jacob Contreras
The law doesn’t prohibit all-female boards. On its face discriminatory. Also since California doesn’t define “female” it is unconstitutionally vague. It doesn’t even suggest a customary definition, so it’s up to every individual.
Now they will need a Gender Determination Board along with a Racial Determination Board appointed by the Govener. All members to be paid at least 500k.
Wow. So to comply with this new law, all you need to do is have one of the guys on your existing Board of Directors declare that he identifies as female. Problem solved!
California should rule that each 63 “genders” be on boards.
> I’m going nonbinary. Best of both worlds. And all bathrooms are accessible.
And you double your chances of getting a date!
Putting on a dress? That’s sexist! Women can dress exactly the same as men!
(I’ve even seen a few who can grow better beards than I can.)
Who Is A Female?
*********
Look for the “Y”. Not there, female!
As a male with ample beard stub, can I go to Nordstroms and buy female business suits for myself in preparation for my new female identity and candidacy for one of those oochy-coochy lucrativious Cali board positions?
There is no need for government to define male or female. For millennia humans have all known what the difference is. It’s something so obvious that no definition is needed.
CA is going to make a law that contradicts human nature. That law IS invalid and non-binding. Those who made the law are incompetent and insane.
THAT’S IT! Right there. Bingo!
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