Today's General Counsel, May 2021

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COMPLIANCE

Roundup of Boardroom Diversity Legislation By  KATHY JAFFARI AND PAUL HALLGREN

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lthough advocacy groups and institutional investors have long pushed for greater boardroom diversity, state legislatures have begun enacting or proposing legislation aimed at accelerating such efforts. California was the first state to pass a law legislating diversity, requiring publicly traded domestic and foreign corporations with headquarters in California to have at least one

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female on their boards. By the end of 2021, companies must have three females for boards with six or more directors, two for boards with five directors, and one female with boards of four or fewer directors. In September 2020, California enacted a law that requires board representation from under-represented communities — Black, African American, Hispanic, Latino, Asian, Pacific Islander,

Native American, Native Hawaiian or Alaska Native, or who self-identify as gay, lesbian, bisexual or transgender. By the end of 2022, the minimum number of directors from under-represented communities must be three if the board has nine or more directors, two if the board has five to eight directors, and one if the board has four or fewer directors. Though it does not come with specific diversity mandates BACK TO CONTENTS


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