Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 12 NOVEMBER 2021

Is Self-Identification Antithetical To Remedying Discrimination?

Allen Matkins Leck Gamble Mallory & Natsis LLP
Explore more from Allen Matkins Leck Gamble Mallory & Natsis LLP

As has been previously discussed in this space, California Secretary of State Shirley N. Weber is seeking dismissal of a federal court challenge to California's director quota mandates - SB 826 and AB 979.

United StatesEmployment and HR
Keith P. Bishop
Keith P. Bishop

As has been previously discussed in this space, California Secretary of State Shirley N. Weber is seeking dismissal of a federal court challenge to California's director quota mandates - SB 826 and AB 979.  Alliance For Fair Board Recruitment v. Weber,  U.S. Dist. Ct. Case No. 2:21-cv-05644-RGK (RAOx).   In her motion, Secretary Weber asserts:

California's corporate board diversity statutes, enacted as Senate Bill No. 826 (2018) and Assembly Bill No. 979 (2020), further compelling and important state interests in remedying discrimination and promoting diversity in corporate leadership, with attendant benefits to California and its residents.

Both statutes rely upon an individual's self-identification as female and/or a member of an underrepresented community.  Cal. Corp. Code §§ 301.3(f)(1) ("'Female' means an individual who self-identifies her gender as a women, without regard to the individual's designated sex at birth") 301.4(e)(1) ("'Director from an

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

IRS Issues New Revenue Procedure

The IRS has released Revenue Procedure 2026-24, establishing new inflation-adjusted limits for Health Savings Accounts and high-deductible health plans effective in 2027. These updates include increased contribution limits, higher minimum deductibles, and expanded out-of-pocket maximums, along with new provisions for direct primary care service arrangements under the One, Big, Beautiful Bill Act. How will these changes impact employee benefit planning and healthcare coverage strategies?
United StatesEmployment and HR
Winston Taylor
Winston Taylor
Article

Treasury Issues Temporary Regulations On Trump Accounts And Contributions

The U.S. Department of the Treasury and IRS recently issued temporary regulations that provide an immediately effective framework for establishing and administering “Trump Accounts,” including broad automatic enrollment and large-scale contributions funded by governmental and charitable donors. The regulations became effective September 30, 2026, apply to taxable years beginning on or after January 1, 2026, and expire September 30, 2029.
United StatesEmployment and HR
Fennemore Craig, P.C.
Fennemore Craig, P.C.
Article

Allegheny County Council Passes Paid Parental Leave Policy

On Tuesday, October 20, 2026, the Allegheny County Council passed legislation requiring employers with at least 15 workers to provide 12 weeks of paid parental leave, ending months-long debate on the proposal. We previously reported on the initial 18-week proposal in May 2026 (summarized here), the revised proposed legislation (summarized here), and the Allegheny County Board of Health passing the legislation (summarized here). The measure was passed in an 11-4 vote. It will become effective in one year, as County Executive Sara Innamorato signed the bill on, October 22, 2026.
United StatesEmployment and HR
Buchanan Ingersoll & Rooney
Buchanan Ingersoll & Rooney
Article

DOL Announces Enforcement Actions Against Employers In H-1B And PERM Fraud Probe

The Trump Administration has launched an unprecedented enforcement action suspending permanent labor certification processing for eight major employers, linking immigration sponsorship to layoff histories and recruitment practices. This development signals a fundamental shift in how the government evaluates employer access to H-1B and green card programs, with investigations already underway and subpoenas served.
United StatesEmployment and HR
Mayer Brown
Mayer Brown
Article

Countdown To Compliance: Employer Preparations For Nov. 2026 OSHA HazCom Deadlines

OSHA's revised Hazard Communication Standard requires covered employers to update chemical labels, written hazard communication programs, and employee training by November 20, 2026. The revisions align with the UN's Globally Harmonized System and introduce new hazard classifications, downstream use considerations, and updated requirements for compressed gases and aerosols. Employers must navigate separate compliance timelines for chemical mixtures while ensuring their workplace practices meet the updated st
United StatesEmployment and HR
Jackson Lewis P.C.
Jackson Lewis P.C.
Article

Maryland’s Ban On Mandatory Employer Meetings: Notice Deadline Looms

Maryland employers must comply with new posting requirements under the Worker Freedom Act, which prohibits penalizing employees who decline attendance at employer-sponsored meetings on religious or political matters. The Maryland Department of Labor has released official notices in English and Spanish that must be displayed prominently in workplaces and provided to new hires starting November 1, 2026.
United StatesEmployment and HR
Jackson Lewis P.C.
Jackson Lewis P.C.
Article

Governor Newsom Signs Key Housing Bills Into Law

California Governor Gavin Newsom has signed multiple state housing bills into law that will take effect January 1, 2027, introducing significant changes to housing development regulations across the state. These new laws establish streamlined ministerial approval processes for various housing types, from high-density transit hub projects in major cities to townhomes and factory-built housing, while also reforming ADU regulations, permit processing requirements, and density bonus provisions. Will these legis
United StatesReal Estate and Construction
Allen Matkins Leck Gamble Mallory & Natsis LLP
Allen Matkins Leck Gamble Mallory & Natsis LLP
Article

More For The Missing-Middle: SB 1116 Expands Starter Home Revitalization Act (SB 684/1123)

California's Starter Home Revitalization Act receives significant enhancements through Senate Bill 1116, expanding site eligibility criteria, limiting local zoning restrictions, and invalidating certain private deed covenants to accelerate small-lot residential subdivisions. The legislation introduces streamlined 60-day ministerial approvals while establishing new rules for lot size averaging, height restrictions, and concurrent permit processing that fundamentally reshape the pathway for starter home devel
United StatesReal Estate and Construction
Allen Matkins Leck Gamble Mallory & Natsis LLP
Allen Matkins Leck Gamble Mallory & Natsis LLP
Article

California Links Data Center Permitting And Licensing To New Water Use Disclosure And Drought Planning Obligations

California has enacted comprehensive legislation requiring data center developers to disclose water usage and demonstrate supply adequacy before obtaining permits. These new laws impose water supply assessments, efficiency reporting, and drought contingency planning obligations that fundamentally reshape the regulatory landscape for data center development in the state.
United StatesEnvironment
Allen Matkins Leck Gamble Mallory & Natsis LLP
Allen Matkins Leck Gamble Mallory & Natsis LLP
Article

Understanding And Addressing Mechanic’s Liens On California Projects

Mechanic's liens pose significant challenges for property owners and developers in California construction projects, even when they have fulfilled their payment obligations. Understanding the strict procedural requirements, timing deadlines, and available remedies can help owners protect their projects from improper claims and efficiently resolve legitimate liens when they arise.
United StatesReal Estate and Construction
Allen Matkins Leck Gamble Mallory & Natsis LLP
Allen Matkins Leck Gamble Mallory & Natsis LLP
Article

Building An Affordable California Act: CEQA Reform For “Essential Projects”

California voters will soon decide on Proposition 45, the Building an Affordable California Act (BACA), which promises to revolutionize CEQA environmental review for essential projects including housing, infrastructure, and renewable energy developments. The initiative would establish vested CEQA standards, accelerated review timelines, and significantly reduced litigation risks for qualifying projects. Will this landmark reform provide the certainty developers need, or will ambiguities in its broad provisi
United StatesEnvironment
Allen Matkins Leck Gamble Mallory & Natsis LLP
Allen Matkins Leck Gamble Mallory & Natsis LLP
Article

Accelerated Permitting For Energy Projects Is Gaining Steam: Examining BLM's Approval Of New-Build Geothermal Plants On Federal Land In Nevada

The Bureau of Land Management has authorized the Pearl Geothermal Development Project using a controversial 14-day expedited environmental review process, marking the first new geothermal power plant approved under emergency permitting procedures implemented in response to President Trump's national energy emergency declaration. While the project underwent multiple phases of review over several years before final approval, questions remain about whether future projects conceived after these Alternative Arra
United StatesEnvironment
Allen Matkins Leck Gamble Mallory & Natsis LLP
Allen Matkins Leck Gamble Mallory & Natsis LLP
Article

San Francisco Unveils Reforms To Unlock Housing Pipeline

San Francisco's Board of Supervisors has approved sweeping housing reforms that dramatically reduce inclusionary affordable housing requirements and development impact fees. The legislation eliminates BMR obligations for projects under 25 units, slashes on-site requirements to 5% citywide, and cuts development impact fees by 67%, while a companion ballot measure seeks to expand the Affordable Housing Trust Fund to $125 million annually by 2036.
United StatesReal Estate and Construction
Allen Matkins Leck Gamble Mallory & Natsis LLP
Allen Matkins Leck Gamble Mallory & Natsis LLP
Article

New State Water Board Measurement And Reporting Rules: What Water Rights Holders Need To Know By October 2026

California's State Water Resources Control Board has implemented sweeping changes to water diversion measurement and reporting regulations, requiring rights holders to upgrade equipment, formalize methodologies, and submit standardized data through the new CalWATRS platform. With critical deadlines approaching in October 2026 and January 2027, water users face substantial compliance obligations backed by penalties of up to $10,000 per day for violations. What specific steps must diverters take now to ensure
United StatesEnvironment
Allen Matkins Leck Gamble Mallory & Natsis LLP
Allen Matkins Leck Gamble Mallory & Natsis LLP
Article

CDFW Issues Comprehensive Additional Guidance For Candidate Bumble Bee Species

California's Department of Fish and Wildlife has issued comprehensive new guidance that dramatically expands protection requirements for four candidate bumble bee species under the California Endangered Species Act. The 2026 guidance introduces strict survey timelines, seasonal construction restrictions, and mandatory onsite biological monitoring that will significantly impact project planning and budgets across the state. Project developers now face narrow construction windows, 60-day advance survey submis
United StatesEnvironment
Allen Matkins Leck Gamble Mallory & Natsis LLP
Allen Matkins Leck Gamble Mallory & Natsis LLP