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/ShivasRightFoot 26d ago edited 26d ago

According to the article this is the heart of the new rules and what got it rejected by the court:

The proposed policy — which was to be the first of its kind for a U.S. securities exchange — would have required most of the nearly 3,000 companies listed on Nasdaq to have at least one woman on their board of directors, along with one person from a racial minority or who identifies as gay, lesbian, bisexual, transgender or queer. It also would have required companies to publicly disclose statistics on the demographic composition of their boards.

The court specifically admonished the SEC for approving the new proposed rules:

The court said in its ruling that the SEC should not have approved Nasdaq’s proposed diversity policy.

“It is not unethical for a company to decline to disclose information about the racial, gender, and LGTBQ+ characteristics of its directors,” the ruling stated. “We are not aware of any established rule or custom of the securities trade that saddles companies with an obligation to explain why their boards of directors do not have as much racial, gender, or sexual orientation diversity as Nasdaq would prefer.”

NASDAQ offered statements in support of the policy and likely will appeal the decision.

This is the latest in a series of court defeats for reverse-discrimination policies supported by some people on the extreme political Left. The fact Democrats have publicly supported these policies is frankly shameful. This is racial discrimination pure and simple.

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u/Ensemble_InABox 26d ago

It's great that this is coming to light very publicly. It's fairly well known that Blackrock does this informally and mostly quietly to companies they own major stakes in. Essentially the exact same policy, they pressure companies financially to remove existing board members to ensure that they have at least one non-white, non-asian board member, and as far as I have seen, an LGBTQ person suffices.

As an aside, I've always found LGBTQ DEI just straight-up bizarre. How do they even verify someone's sexuality? It's comical.

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u/Nissan_Altima_69 26d ago

Some job applications ask you your sexuality lol, its like "none of your fucking business". Its a different situation and they do it to avoid law suits, but its just so bizarre we've found ourselves here lol

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u/Ensemble_InABox 26d ago

Most tech companies do that, it's insufferable. My old co would also survey employees on their sexuality and gender identity, I learned from a friend in HR that almost 80% of the company responded: "prefer not to disclose".

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u/Nissan_Altima_69 26d ago

Seriously, how fucking weird is that? I mean, talking with co workers about your spouse or someone your dating is normal, but this shit is just getting creepy. I'd rather the law say they arent allowed to ask this at all