Faten Alqaseer and Lisa R. Davis are Senior Managing Directors, and Rose James is a Senior Associate at Teneo. This post was prepared for the Forum by Ms. Alqaseer, Ms. Davis, and Ms. James, with contributions from Martha Carter, Matt Filosa, and Kensey Biggs. Related research from the Program on Corporate Governance includes Politics and Gender in the Executive Suite (discussed on the Forum here) by Alma Cohen, Moshe Hazan, and David Weiss; and Duty and Diversity (discussed on the Forum here) by Chris Brummer and Leo E. Strine Jr.
Anti-DEI (diversity, equity and inclusion) activity is not new, but it is intensifying; emboldened by the Supreme Court ruling on Affirmative Action in higher education and the divisive nature of current politics and policy.
Corporations are navigating lawsuits, retraction letters, calls for EEOC investigations, and considering what a possible second Trump Administration could mean for their DEI initiatives. Even so, Teneo research found that half of U.S. CEOs are continuing or accelerating their DEI programs. Fifteen percent are scaling back their programs and the remaining companies—over one-third—are taking time to re-evaluate. Below is an analysis of the landscape with three critical considerations for businesses as they navigate and review DEI policies and practices.
How do firms respond to the destruction of intangible capital?
Mandatory climate disclosure for U.S. companies is here. In several key jurisdictions, companies will be required to disclose climate-related information within the next few years. Companies need to take action now to (1) determine what disclosure rules will apply to them and (2) put into place the necessary infrastructure to be in a position to develop, collect and report the information called for by applicable requirements. This post will focus on three legal regimes with particular salience for U.S. companies: California’s S.B. 253 and 261, the U.S. Securities and Exchange Commission’s (SEC) proposed climate-related disclosure rule and the European Union’s (EU) Corporate Sustainability Reporting Directive (CSRD).