The Fifth Circuit Court of Appeals has delivered a landmark decision striking down Nasdaq’s board diversity rules, marking a significant setback for corporate diversity initiatives imposed by regulatory bodies.
While the rules aimed to increase representation of women and minorities on corporate boards, the court found them inconsistent with federal securities laws, emphasizing limits on the authority of regulatory agencies to shape corporate governance. The Fifth Circuit’s ruling deals a blow to recent, progressive trends in the corporate world – pushed by government agencies like the Securities and Exchange Commission (SEC) – calling for more diversity, equity, and inclusion (DEI) on corporate boards.
Background on Nasdaq’s Diversity Mandate
Nasdaq’s rules, introduced in 2021 in the wake of George Floyd’s killing and heightened focus on racial…