Featured Article

New California law would force firms to report diversity metrics

SB 54 passed the state Senate 32-8

Comment

Close-up of a small bronze statuette of Lady Justice before a flag of California.
Image Credits: Gwengoat / Getty Images

California is set to pass the country’s first legislation that aims to increase diversity in venture capital.

SB 54 passed the state Senate with a vote of 32-8; next, it will go to Governor Gavin Newsom’s desk. The bill requires venture capital firms operating in California to report the diversity breakdown of the founders they fund to the state; this includes reporting on the gender and ethnic and racial background of the founders, in addition to the dollar amount given to them.

Senator Nancy Skinner, the bill’s sponsor, told TechCrunch+ that she’s very optimistic that Newsom will sign the bill.

“Venture capital firms might not be aware that their rate of investment is so low,” she told TechCrunch+. “So this disclosure, this transparency, hopefully, will nudge them to do better.”

Supporters of the bill see it as a massive step toward increasing transparency in the venture capital industry, where less than 3% of all capital is allocated to women and Black founders. SB 54 would also require firms to collect and release their diversity data to the public. It is currently hard to accurately track where venture funding goes because the industry is opaque in allocating funds. Aside from collection, the bill proposes that the state’s Civil Rights Department investigate those violating the bill’s terms, and firms that fail to report may face a penalty to be decided by the courts.

Founder and tech activist Allison Byers, who helped ideate and draft SB 54, said bills like this have precedence in California, pointing to SB 826, which mandated more gender parity on public corporate boards. That requirement helped increase the number of women board directors and influenced corporations to follow suit. (This law was struck down by a judge who ruled that it violated the state’s equal protection clause, deeming the law unnecessary. The state is looking to appeal.)

“The funding is nosediving. It’s not just bad, it’s crushing,” Byers told TechCrunch+ regarding the dismal amount allocated to women and Black founders. “We know this type of bill can make a measurable difference.”

Not everyone is a fan of SB 54, however. TechCrunch+ reviewed letters that the National Venture Capital Association (NVCA) and TechNet both wrote to the bill’s sponsors last week opposing SB 54.

The NVCA wrote that SB 54 would produce “misleading and counterproductive data that would hurt the cause of diversity, equity, and inclusion efforts while creating unnecessary costs and risk for California venture capitalists.” Justin Field, NVCA’s chief strategy officer, told TechCrunch+ that the way in which the bill seeks to gather metrics depends too much on self-identification, which could lead to unreliable data collection.

“Those who have diverse teams are going to be much more likely to fill out the survey and take the time to do it than those with non-diverse teams,” he said. This could lead to overstating just how diverse the ecosystem truly is. “The bill will have the state of California endorsing a set of numbers that are outside the reality of the startup community, which will actually impede efforts at diversity.”

TechNet, on the other hand, is worried about the release of sensitive information, like disability status or sexual orientation. TechNet mentions in its opposition that “many founding teams can be quite small, sometimes just a few people, making it easier for bad actors to reidentify this sensitive information.”

But Skinner rejected this claim, saying that the information sent by the firms will always be aggregated before being released to the public. She also said that the rules would be similar to the state’s already existing pay equity laws.

“In general, [the] business sector does not like to have any mandates or any regulations; that’s par for the course [and] we’re used to that,” she said. “But I think this is very legitimate information when you look at California’s demographic profile. We want it to thrive, so nobody should be excluded. And that’s really the motivation for the bill.”

TechNet is also concerned with how firms could be punished as the bill proposed to allow the civil rights department to use any collected information to take further action against a firm. TechNet said this was a potential liability and could make firms less likely to report accurate information, if any at all. TechNet did not respond to TechCrunch+’s request for comment.

But even with their opposition, both groups said that they support the bill’s premise of boosting diversity within venture capital. Among the differences, it shows one thing everyone agrees on: Something needs to change.

“There needs to be additional diversity in the startup ecosystem across the country, as well as the premise that we need better data to benchmark what those challenges are and understand how to make progress,” Field said.

More TechCrunch

StrictlyVC events deliver exclusive insider content from the Silicon Valley & Global VC scene while creating meaningful connections over cocktails and canapés with leading investors, entrepreneurs and executives. And TechCrunch…

Meesho, a leading e-commerce startup in India, has secured $275 million in a new funding round.

Meesho, an Indian social commerce platform with 150M transacting users, raises $275M

Some Indian government websites have allowed scammers to plant advertisements capable of redirecting visitors to online betting platforms. TechCrunch discovered around four dozen “gov.in” website links associated with Indian states,…

Scammers found planting online betting ads on Indian government websites

Around 550 employees across autonomous vehicle company Motional have been laid off, according to information taken from WARN notice filings and sources at the company.  Earlier this week, TechCrunch reported…

Motional cut about 550 employees, around 40%, in recent restructuring, sources say

The deck included some redacted numbers, but there was still enough data to get a good picture.

Pitch Deck Teardown: Cloudsmith’s $15M Series A deck

The company is describing the event as “a chance to demo some ChatGPT and GPT-4 updates.”

OpenAI’s ChatGPT announcement: What we know so far

Unlike ChatGPT, Claude did not become a new App Store hit.

Anthropic’s Claude sees tepid reception on iOS compared with ChatGPT’s debut

Welcome to Startups Weekly — Haje‘s weekly recap of everything you can’t miss from the world of startups. Sign up here to get it in your inbox every Friday. Look,…

Startups Weekly: Trouble in EV land and Peloton is circling the drain

Scarcely five months after its founding, hard tech startup Layup Parts has landed a $9 million round of financing led by Founders Fund to transform composites manufacturing. Lux Capital and Haystack…

Founders Fund leads financing of composites startup Layup Parts

AI startup Anthropic is changing its policies to allow minors to use its generative AI systems — in certain circumstances, at least.  Announced in a post on the company’s official…

Anthropic now lets kids use its AI tech — within limits

Zeekr’s market hype is noteworthy and may indicate that investors see value in the high-quality, low-price offerings of Chinese automakers.

The buzziest EV IPO of the year is a Chinese automaker

Venture capital has been hit hard by souring macroeconomic conditions over the past few years and it’s not yet clear how the market downturn affected VC fund performance. But recent…

VC fund performance is down sharply — but it may have already hit its lowest point

The person who claims to have 49 million Dell customer records told TechCrunch that he brute-forced an online company portal and scraped customer data, including physical addresses, directly from Dell’s…

Threat actor says he scraped 49M Dell customer addresses before the company found out

The social network has announced an updated version of its app that lets you offer feedback about its algorithmic feed so you can better customize it.

Bluesky now lets you personalize main Discover feed using new controls

Microsoft will launch its own mobile game store in July, the company announced at the Bloomberg Technology Summit on Thursday. Xbox president Sarah Bond shared that the company plans to…

Microsoft is launching its mobile game store in July

Smart ring maker Oura is launching two new features focused on heart health, the company announced on Friday. The first claims to help users get an idea of their cardiovascular…

Oura launches two new heart health features

Keeping up with an industry as fast-moving as AI is a tall order. So until an AI can do it for you, here’s a handy roundup of recent stories in the world…

This Week in AI: OpenAI considers allowing AI porn

Garena is quietly developing new India-themed games even though Free Fire, its biggest title, has still not made a comeback to the country.

Garena is quietly making India-themed games even as Free Fire’s relaunch remains doubtful

The U.S.’ NHTSA has opened a fourth investigation into the Fisker Ocean SUV, spurred by multiple claims of “inadvertent Automatic Emergency Braking.”

Fisker Ocean faces fourth federal safety probe

CoreWeave has formally opened an office in London that will serve as its European headquarters and home to two new data centers.

CoreWeave, a $19B AI compute provider, opens European HQ in London with plans for 2 UK data centers

The Series C funding, which brings its total raise to around $95 million, will go toward mass production of the startup’s inaugural products

AI chip startup DEEPX secures $80M Series C at a $529M valuation 

A dust-up between Evolve Bank & Trust, Mercury and Synapse has led TabaPay to abandon its acquisition plans of troubled banking-as-a-service startup Synapse.

Infighting among fintech players has caused TabaPay to ‘pull out’ from buying bankrupt Synapse

The problem is not the media, but the message.

Apple’s ‘Crush’ ad is disgusting

The Twitter for Android client was “a demo app that Google had created and gave to us,” says Particle co-founder and ex-Twitter employee Sara Beykpour.

Google built some of the first social apps for Android, including Twitter and others

WhatsApp is updating its mobile apps for a fresh and more streamlined look, while also introducing a new “darker dark mode,” the company announced on Thursday. The messaging app says…

WhatsApp’s latest update streamlines navigation and adds a ‘darker dark mode’

Plinky lets you solve the problem of saving and organizing links from anywhere with a focus on simplicity and customization.

Plinky is an app for you to collect and organize links easily

The keynote kicks off at 10 a.m. PT on Tuesday and will offer glimpses into the latest versions of Android, Wear OS and Android TV.

Google I/O 2024: How to watch

For cancer patients, medicines administered in clinical trials can help save or extend lives. But despite thousands of trials in the United States each year, only 3% to 5% of…

Triomics raises $15M Series A to automate cancer clinical trials matching

Welcome back to TechCrunch Mobility — your central hub for news and insights on the future of transportation. Sign up here for free — just click TechCrunch Mobility! Tap, tap.…

Tesla drives Luminar lidar sales and Motional pauses robotaxi plans

The newly announced “Public Content Policy” will now join Reddit’s existing privacy policy and content policy to guide how Reddit’s data is being accessed and used by commercial entities and…

Reddit locks down its public data in new content policy, says use now requires a contract