Dec. 13, 2020
SEC: Please reference SR-NASDAQ-2020-082. The referenced proposal is in support of another proposal SR-NASDAQ-2020-081 (not yet released for comments as of 13 Dec 2020). This comment is in OPPOSITION to the -082 filing by The Nasdaq Stock Market LLC. The proposal SR-NASDAQ-2020-082 should be rejected in its entirety. The referenced -082 proposal seeks to offer a complimentary recruiting assistance, said to “advance diversity on company boards”. The proposal is flawed and improper on two points: 1. First, procedural: The complementary recruiting assistance proposal (-082) should NOT be considered or subject to public comment-period limitation prior to the comment period expiration for the main, SR-NASDAQ-2020-081 proposal. Subsequently, the -082 proposal period should be extended to at least the termination of the -081 comment period. The reverse order of public comment periods is a corruption of the process. 2. Second, the -082 proposal seeks to offer an unwise, deforming, and unlawful assistance -- disguised as a useful and laudatory service. The -082 proposal is not in the public interest. The -082 proposal seeks to move Nasdaq member companies toward intentionally implementing discriminatory hiring practices. These proposed “diversity” practices and assistance would mandate (under the -081 proposal) unlawful hiring criteria based on race, color, sex, and other protected criteria. Under the laws enforced via the U.S. Equal Employment Opportunity Commission (EEOC), it is illegal to discriminate against someone in employment (including boards of directors) because of that person's race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information. It is also illegal to retaliate against a person because he or she complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. This is exactly the behavior the -082 proposal seeks to support. The law forbids discrimination in every aspect of employment. The black-letter law and Constitutional text is readily available. This last year has seen the rise of misguided efforts to overturn our Nation’s anti-discrimination laws and company policies. The hard-fought victories of the Civil Rights Era cannot and should not be swept aside – replaced with employment quotas based on race and other protected characteristics. We call policies that seek to hire based on race a particular word; one with an abrupt and nasty sound: That word is “racist”. There is no good application of racism. Consequently, in the interest of the American public and the soundness of Nasdaq member companies and their current and potential shareholders, the proposal SR-NASDAQ-2020-082 must be rejected in its entirety. Note: These comment also apply to the -081 proposal when it is released for public comment. Sincerely, Eugene Kelly