Providing practical guidance since 1975.
 

The Pay & Proxy Podcast: DEI Disclosures and Metrics Following the January 2025 Executive Orders

 

Mike Oclaray

Kate King

Kate King

Maj Vaseghi and Betty Huber are Partners at Latham; Mark Borges is a Principal at Compensia and Editor at CompensationStandards.com.

Topics covered:

  1. Students for Fair Admissions v. Harvard and private sector cases involving Section 1981 and Title VII of the Civil Rights Act
  2. The recent Executive Orders including the directive to federal agencies to identify potential "compliance investigations" aimed at deterring DEI programs constituting "illegal" discrimination
  3. How companies are considering legal risk, political risk, talent risk and business risk in preparing disclosures
  4. Companies, especially government contractors, weighing changes to the use of DEI metrics in compensation programs
  5. Disclosures regarding DEI metrics in compensation programs
  6. Human capital management disclosures in Form 10-Ks
  7. Required and voluntary board diversity disclosures in proxy statements after vacatur of Nasdaq's "disclose or comply" board diversity rule
  8. ISS's announcement that it will indefinitely halt consideration of certain diversity factors in making vote recommendations on director elections
  9. Voluntary proxy disclosures on DEI policies and practices
  10. Looking at committee charters and corporate governance guidelines
  11. Weighing whether to maintain the timing or delay publishing voluntary ESG reports
  12. Setting metrics for 2025 compensation programs

This podcast was recorded on February 14, 2025.

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The views set forth in the podcast are the speaker's personal views and do not necessarily reflect those of their firm, company, institution, other organizations, or any of the clients with which they are associated.