Litigation Update: Alliance for Fair Board Recruitment v. Weber

Alliance for Fair Board Recruitment v. Weber is a challenge to California’s Assembly Bill 979 requiring racial, ethnic, and sexual orientation diversity on boards of public corporations located in California. The Alliance for Fair Board Recruitment is arguing that the Bill violates the Equal Protection Clause of the Fourteenth Amendment. On May 15, 2023, the US District Court for the Eastern District of California ruled that the law is unconstitutional and enjoined its continued enforcement.Additionally, California has a related statute that requires sex-based quotas for corporate boards. Both statutes are being concurrently challenged in multiple federal and state court cases. All of the federal cases – including the Alliance case – have been stayed by the Ninth Circuit. The state court cases are active and going forward. This Litigation Update discussed the District Court’s decision in Alliance and reviewed the different cases, where they stand, and what might come next.Featuring:--Joshua P. Thompson, Director of Equality and Opportunity Litigation, Pacific Legal Foundation