Why Environmental, Social, and Governance is Here to Stay

Environmental, Social, and Governance

Described by its critics as “woke capitalism,” Environmental, Social, and Governance, (ESG) is facing something of a backlash. But that overlooks the far-reaching benefits to employers and investors.  A survey by The Conference Board (TCB) found that almost half of all businesses have faced ESG backlash. 61% believe that backlash will remain the same or…

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ESG Developments: The Impact of CSRD on Pay Equity

ESG developments

On January 5, 2023, the EU’s Corporate Sustainability Reporting Directive (CSRD) came into force, replacing the EU’s 2014 Non-Financial Reporting Directive (NFRD). In this article we explore the latest ESG developments and their impact on pay transparency. Closing the gender pay gap is a key component of the CSRD. Potential ESG impact on non-EU employers More than…

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SCOTUS Decision: Affirmative Action and Businesses

Affirmative Action

On June 29, 2023, the Supreme Court ruled that admissions programs at Harvard and the University of North Carolina (UNC), based on race, violated the Constitution’s guarantee of equal protection. It was a significant affirmative action decision that, not unexpectedly, sent shock waves across the nation—not only among institutions of higher education, but across all…

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UK Ethnicity Pay Gap Reporting: What It Means for Employers

ethnicity pay gap reporting

In April 2023, the UK government published new guidance for employers on how to measure, report on and address ethnicity pay differences within their organizations. Here we consider how to collect, track, and analyze ethnicity data for companies which voluntarily publish ethnicity pay gap reports.  What is the purpose of collecting ethnicity data? Ethnicity pay…

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Pay Equity is the Key to Achieving the “S” in ESG

S in ESG

Corporate Social Responsibility (CSR) and Environmental, Social and Governance (ESG) reporting have become vital considerations for employers. But rather than seeing the requirements as an additional reporting burden or a distraction, a focus on the “S” in ESG can have a positive impact on financial performance and brand reputation.  S in ESG relates to the…

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SEC Enforcement and ESG – What You Need to Know

ESG

When most people think of Securities and Exchange Commission (SEC) enforcement actions, their minds probably jump to sensational crimes seen on the news, like insider trading and Ponzi schemes. Indeed, these do make up a fair number of SEC enforcement actions. But the SEC conducts hundreds of different enforcement actions every year, collecting billions of…

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Workforce Investment Disclosure Act to Require Annual DEI Reporting

Workforce Investment Disclosure Act

Prompted by the workplace inequities exacerbated by COVID-19, congress unveiled the Workforce Investment Disclosure Act of 2021, with the intention of renewing organizations’ focus on employee equity. From layoffs to workplace safety and paid leave, COVID-19 exposed distinct workforce management practices that impact employees. With race and gender-based workplace discrimination at the forefront, negative health…

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Honoring the Life and Legacy of Dr. Martin Luther King Jr.

Martin Luther King Jr.

On the third Monday of January each year, we celebrate the life and legacy of Dr. Martin Luther King Jr. Although Martin Luther King Jr. Day was first observed on January 20, 1986, it wasn’t until 2000 that all 50 U.S. states acknowledged the event. The now federal holiday honors Dr. King’s birthday and the…

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Public Companies Respond to SEC Human Capital Disclosure Requirement

SEC Human Capital Disclosure

A recent survey conducted by Gibson Dunn shows how 451 public companies responded to the U.S. Securities and Exchange Commission’s (SEC) adopted amendments on human capital reporting and disclosures.  Effective November 9, 2020, the amendments added human capital resources as a disclosure 101(c). The SEC requires disclosures to include “the number of persons employed by…

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