r/moderatepolitics 26d ago

US appeals court rejects Nasdaq's diversity rules for company boards Culture War

https://apnews.com/article/nasdaq-sec-dei-diversity-board-a3b8803a646a62aeb2733bbd4603e670
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u/likeitis121 26d ago

My question is always if they are allowed to do this, is it also allowable to do the opposite? So, can they refuse to list companies that have any black people on their board? That would clearly seem like a really bad policy, but DEI misses the point that judging people based on their skin/sexuality is bad, and that everyone should be treated as a person.

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u/-Boston-Terrier- 26d ago

I'm not defending DEI or even outright racism.

I'm just simply saying a private company should be allowed to operate however they see fit even if other companies and consumers choose not to do business with them. Tim Cook is perfectly capable of deciding if he wants to divulge statistics on race and ethnicity to NASDAQ and, if he's not, he has more than enough resources to relist elsewhere. He would be undoubtedly aware that there might be some people who would simply drop any company listed on NASDAQ from their portfolios which could sink share price and effect his own employment.

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u/jimbo_kun 26d ago

Private companies are not allowed to discriminate on the basis of a protected class.

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u/apollyonzorz 26d ago

They're not allowed to discriminate regardless of protected class. Discrimination based on immutable characteristics is ALWAYS bad.