The Pay & Proxy Podcast:
DEI Disclosures and Metrics Following the January 2025 Executive Orders
Maj Vaseghi and Betty Huber are Partners at Latham; Mark Borges is a Principal at Compensia and Editor at CompensationStandards.com.
Topics covered:
Students for Fair Admissions v. Harvard and private sector cases involving Section 1981 and Title VII of the Civil Rights Act
The recent Executive Orders including the directive to federal agencies to identify potential "compliance investigations" aimed at deterring DEI programs constituting "illegal" discrimination
How companies are considering legal risk, political risk, talent risk and business risk in preparing disclosures
Companies, especially government contractors, weighing changes to the use of DEI metrics in compensation programs
Disclosures regarding DEI metrics in compensation programs
Human capital management disclosures in Form 10-Ks
Required and voluntary board diversity disclosures in proxy statements after vacatur of Nasdaq's "disclose or comply" board diversity rule
ISS's announcement that it will indefinitely halt consideration of certain diversity factors in making vote recommendations on director elections
Voluntary proxy disclosures on DEI policies and practices
Looking at committee charters and corporate governance guidelines
Weighing whether to maintain the timing or delay publishing voluntary ESG reports
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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.