Judge Amy Coney Barrett was recently criticised for saying ‘sexual preference’ rather than the woke term ‘sexual orientation’ because apparently it implies that people might have a choice over their sexual preferences and identity. Which is to take away free will and self determination. Be that as it may, we live in a weird world where words that were standard and unobjectionable as recently as 12 months ago are now banished for fear of some perceived micro aggression.
On 30 September, California Governor Gavin Newsom signed into law AB-979 which provides for all corporates with headquarters in California the following:
No later than 2021:
(1) If its number of directors is six or more, the corporation shall have a minimum of three female directors.
(2) If its number of directors is five, the corporation shall have a minimum of two female directors.
(3) If its number of directors is four or fewer, the corporation shall have a minimum of one female director.
No later than 2022:
(1) If its number of directors is nine or more, the corporation shall have a minimum of three directors from underrepresented communities.
(2) If its number of directors is more than four but fewer than nine, the corporation shall have a minimum of two directors from underrepresented communities.
(3) If its number of directors is four or fewer, the corporation shall have a minimum of one director from an underrepresented community.
The Bill provides the following definitions:
“Female” means an individual who self-identifies her gender as a woman, without regard to the individual’s designated sex at birth.
“Director from an underrepresented community” means an individual who self-identifies as Black, African American, Hispanic, Latino, Asian, Pacific Islander, Native American, Native Hawaiian, or Alaska Native, or who self-identifies as gay, lesbian, bisexual, or transgender.
There have been calls for a similar Bill in Australia. How would this work? In Australia under the Fair Work Act 2009 to ask potential employees questions relating to ethnic / racial background and sexual orientation among many other prohibited questions. So how would a corporate ascertain that it is meeting the quotas?
And the self identification allows pretty much anything – say you’re bixsexual and voila you’re in an under-represented community and no one will be the wiser.
Finally the Bill has a long preamble that includes:
According to the United States Bureau of Labor Statistics, only 31 percent of African Americans and 22 percent of Latinos worked in management, professional, and related occupations while 54 percent of Asians and 41 percent of Whites worked in the same occupation.
So Asian is defined as an underrepresented community according to the Bill, yet is overrepresented in management according to statistics.