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Quotas Are Unconstitutional, Whether They Harm White People or Minority Groups

Posted on Wednesday, April 6, 2022
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by Outside Contributor
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27 Comments
Newsom

At work, white people are being told to check their privilege at the door. But a court ruling on Friday indicates there’s still hope for fair treatment in the corporate world, even if you’re not a racial minority.

On April 1, a California court struck down a state law mandating that corporate boards seats be reserved for people of minority groups. The court said quotas violated the state’s constitutional guarantee that everyone is treated equally under the law.

Equal protection isn’t just for minority races. It’s everyone’s right. Justice Thurgood Marshall, the first African American on the U.S. Supreme Court, wrote in 1976 in McDonald v. Santa Fe Trail Transportation Co. that discriminating against white employees in favor of nonwhite employees is just as wrong and contrary to the Constitution as the reverse. That’s still the law today.

In 2020, California passed a law requiring public companies headquartered in the state to have at least one board member who is a racial minority or LGBTQ+ by the end of 2021, and increase that to two or more “diverse” board members by the end of 2022.

The law was challenged by Judicial Watch, a nonprofit constitutional advocacy group. Judicial Watch is also challenging another California law enacted in 2018 mandating that all public companies reserve nearly half their seats for women. That trial is going on now.

Both lawsuits have attracted national attention because several other states are considering quotas. New York enacted a law in 2020 to study gender diversity on corporate boards, a first step.

In August 2021, the Security and Exchange Commission approved a rule that Nasdaq-listed companies must have at least one female board member and another who identifies as an “underrepresented minority” or LGBTQ+ or explain in writing why they have failed to meet that goal. Judicial Watch and other advocacy groups are challenging the Nasdaq rule in federal court.

The diversity warriors appear willing to trample constitutional rights and ignore the impact on nonminority people — especially white men. As if a worthy goal justifies any means.

When California lawmakers debated the minority quota bill in 2020, they were warned about its unconstitutionality but rammed it through anyway. Legal rights of white people be damned.

Gov. Gavin Newsom defended the minority quota bill, saying, “When we talk about racial justice, we talk about empowerment, we talk about power, and we need to talk about seats at the table.” That’s a rationale for ensuring city councils, state legislatures and other bodies reflect the population.

But a corporate board’s primary job isn’t to divvy up the spoils. It’s to run a company on behalf of shareholders — ensuring cash is managed, the balance sheet remains strong and products are marketed effectively. True, a company has some responsibility to the community, but not as a representative body.

Corporate boards need diversity of skills and experience. The average board chooses one new member a year, at most. Quotas will force them to prioritize race, gender and sexual preference ahead of merit.

The California ruling is important beyond corporate board selection. In the aftermath of George Floyd’s death, major corporations pledged specific increases in the hiring and promotion of Black executives. Deliberately discriminating against white people to meet those targets violates federal civil rights law and the Constitution. It’s odious and divisive.

Diversity quotas are even roiling professional sports. On March 28, the National Football League announced that teams must hire an offensive assistant coach who’s female or a racial minority. No white guys need apply. What hypocrisy is that? The players are 70% Black, but off the field, merit gives way to diversity.

In the locker room and the boardroom, quotas are a mistake. The boardroom door is swinging open without them. An impressive 72% of all new corporate directors at S&P 500 companies in 2021 were from underrepresented groups. Now, 11% of directors are Black, and 30% are women.

We can achieve inclusion without discriminatory quotas like the one slapped down in California.

Betsy McCaughey is a former lieutenant governor of New York. Follow her on Twitter @Betsy_McCaughey.

COPYRIGHT 2022 CREATORS.COM

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Kim
Kim
2 years ago

It’s an offense to common sense, civil rights, and the Constitution that any quotas should take precedence over a person’s capability. Thank goodness for Judicial Watch in pursuing cases against groups that fill positions based primarily on skin color, gender, or sexual preference.

Sports leagues, Newsom, colleges, the SEC…how did it ever get to this point that lawsuits had to be filed in order to stop these illegal practices? Biden’s choice for a Supreme Court justice casts the same shadow over his “promise” to select a woman of color. And that’s discriminates against 94% of all other Americans. I object!!

jake the snake
jake the snake
2 years ago

Hey democrats check your minority privilege at the door.

Hey democrats you are the racists.

Hey democrats you are bigots.

George
George
2 years ago

This law is silly. We are facing a possible releasing of nuclear weapons by a cornered Putin, and the legislature of California is worrying about the racial composition of boards of directors. Why not worry about equal education for all so that many are qualified for positions on a board of directors? We can’t all have Vice President of the United States and then President of the United States dads like Hunter has. We might need ability to hold down the position.

John A Bird
John A Bird
2 years ago

Racial quotas are Un-Constitutional and therefore any politician who might force others to follow an unlawful order should be held in contempt, arrested, tried, and when convicted, hung by the neck until dead. If this doesn’t happen soon, Patriots will be forced to take action against this tyranny.

Joanne 4 justice.
Joanne 4 justice.
2 years ago

I cannot believe that happened in the judiciary of RADICAL SOCIALIST COMMUNIST CALIFORNIA !!!! AMAZING !

Granny26
Granny26
2 years ago

First…we need to get rid of Gavin Newscum….he is a disgrace to CA. He harvested ballots (probably from illegals and dead people) to get elected in the first place and did the same to overcome the recall. He is a worthless POS and I hope he stays in Central America where he is on his ‘vacation’.

Nobody’s Business
Nobody’s Business
2 years ago

I think pro sports should have more diversity. I see way too many black people on teams they are roughly 13% of the population but are probably close to 80 % represented on sports teams. We should cut that way back to what’s fair. And in the showers after the game all the people in the shower are men We need to make that 50% women in the showers. All I see in professional sports are people with 2 legs we need to diversity in that so the one legged people don’t feel hurt. Also I think sports teams are discriminating against old people when’s the last time you’ve seen 80 year old running backs in football? They should have a chance too. Ok all you stupid Democrats do you get my point ? How far do you want to go with this stupid crap. Pull your head out of where the sun don’t shine and quit feeling discriminated.

Tim Toroian
Tim Toroian
2 years ago

Newsom should be slapped along with getting slapped down.

Vietvet6769
Vietvet6769
2 years ago

Slowly the right of all people are being protected by the courts.

Art
Art
2 years ago

DIVERSITY AS STRUCTURED IS RACISM AND OTHER HATEFUL TERMS. DOORS ARE SWINGING OPEN TO UNDERREPRESENTED GROUPS BECAUSE THE DIVERSITY REQUIREMENT POT HAS BEEN SIMMERING FOR A LONG TIME AND ENTITIES ARE TRYING TO STAY AHEAD OF THE CURVE.

Lee S McQuillen
Lee S McQuillen
2 years ago

Quotas make no sense. Whoever is best qualified for the position should get it. Otherwise there could easily be a poor outcome. There are many qualified people who are not white – they should apply but selection should have nothing to do with anything but qualifications – not ever!!

Kim
Kim
2 years ago

It’s an offense to common sense, civil rights, and the Constitution that any quotas should take precedence over a person’s capability. Thank goodness for Judicial Watch in pursuing cases against groups that fill positions based primarily on skin color, gender, or sexual preference.

Sports leagues, Newsom, colleges, the SEC…how did it ever get to this point that lawsuits had to be filed in order to stop these illegal practices? Biden’s choice for a Supreme Court justice casts the same shadow over his “promise” to select a woman of color. And that’s discriminates against 94% of all other Americans. I object!!

jake the snake
jake the snake
2 years ago

Hey democrats check your minority privilege at the door.

Hey democrats you are the racists.

Hey democrats you are bigots.

George
George
2 years ago

This law is silly. We are facing a possible releasing of nuclear weapons by a cornered Putin, and the legislature of California is worrying about the racial composition of boards of directors. Why not worry about equal education for all so that many are qualified for positions on a board of directors? We can’t all have Vice President of the United States and then President of the United States dads like Hunter has. We might need ability to hold down the position.

John A Bird
John A Bird
2 years ago

Racial quotas are Un-Constitutional and therefore any politician who might force others to follow an unlawful order should be held in contempt, arrested, tried, and when convicted, hung by the neck until dead. If this doesn’t happen soon, Patriots will be forced to take action against this tyranny.

Joanne 4 justice.
Joanne 4 justice.
2 years ago

I cannot believe that happened in the judiciary of RADICAL SOCIALIST COMMUNIST CALIFORNIA !!!! AMAZING !

Granny26
Granny26
2 years ago

First…we need to get rid of Gavin Newscum….he is a disgrace to CA. He harvested ballots (probably from illegals and dead people) to get elected in the first place and did the same to overcome the recall. He is a worthless POS and I hope he stays in Central America where he is on his ‘vacation’.

Nobody’s Business
Nobody’s Business
2 years ago

I think pro sports should have more diversity. I see way too many black people on teams they are roughly 13% of the population but are probably close to 80 % represented on sports teams. We should cut that way back to what’s fair. And in the showers after the game all the people in the shower are men We need to make that 50% women in the showers. All I see in professional sports are people with 2 legs we need to diversity in that so the one legged people don’t feel hurt. Also I think sports teams are discriminating against old people when’s the last time you’ve seen 80 year old running backs in football? They should have a chance too. Ok all you stupid Democrats do you get my point ? How far do you want to go with this stupid crap. Pull your head out of where the sun don’t shine and quit feeling discriminated.

Tim Toroian
Tim Toroian
2 years ago

Newsom should be slapped along with getting slapped down.

Vietvet6769
Vietvet6769
2 years ago

Slowly the right of all people are being protected by the courts.

Art
Art
2 years ago

DIVERSITY AS STRUCTURED IS RACISM AND OTHER HATEFUL TERMS. DOORS ARE SWINGING OPEN TO UNDERREPRESENTED GROUPS BECAUSE THE DIVERSITY REQUIREMENT POT HAS BEEN SIMMERING FOR A LONG TIME AND ENTITIES ARE TRYING TO STAY AHEAD OF THE CURVE.

Lee S McQuillen
Lee S McQuillen
2 years ago

Quotas make no sense. Whoever is best qualified for the position should get it. Otherwise there could easily be a poor outcome. There are many qualified people who are not white – they should apply but selection should have nothing to do with anything but qualifications – not ever!!

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