CSR

US corporations have been largely silent on expected SCOTUS abortion ruling. Shareholders may force them to do something.

Recent surveys and analysis show that many companies are reluctant to publicly address abortion, despite the potential for retention crises in some states.
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3 min read

When a wave of civil unrest followed the murder of George Floyd in 2020, major corporations swooped into the charged discourse with all the finesse of that Steve Buscemi meme, issuing proclamations of solidarity with social-justice causes that in many cases seemed to prove hollow.

A Supreme Court draft opinion outlining the Court’s plans to strike down Roe v. Wade—which has protected access to abortion as a constituional right since 1973—was leaked to Politico earlier this month. The news catalyzed protests across the country and widespread media coverage, but some have pointed out that the corporate sector has been relatively mute in comparison to statements of solidarity made during the racial justice protests of 2020 or in response to recent anti-trans legislation in Texas.

Behind the scenes, however, corporate advisory groups are urging the shareholders of at least three companies to create reports that would detail the potential risks to their workforces should Roe be overturned, Bloomberg reported last week. Institutional Shareholder Services has urged Walmart and Lowe’s to create reports, while shareholders of TJX Companies (which owns TJ Maxx stores) are being urged to do so by Trillium Asset Management, according to a proxy statement.

Just a suggestion. The recommendation for a vote by Walmart and Lowe’s shareholders came from ISS, according to Bloomberg’s report. Neither company has made any public statements on the potential gutting of Roe, and ISS’s proposal was included on the agenda of both companies’ upcoming shareholder meetings. ISS recommended that Walmart and Lowe’s shareholders vote in favor of requiring the reports, while both companies are recommending that shareholders vote against the proposal, citing “a supportive environment for women and comprehensive healthcare,” Bloomberg noted. TJX Companies also recommended against the proposal in its proxy statement.

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Walmart has donated over $1 million to anti-abortion political committees since 2016, the newsletter Popular Information reported earlier this month.

The effect on workforces. An analysis from Insider found that many major employers could face a retention crisis in the 13 states with “trigger laws” that would effectively ban abortion if Roe is struck down.

Emily Martin, the vice president for education and workplace justice at the National Women’s Law Center, told Insider that for employers headquartered in states with these laws, “It could be a real challenge for employers to recruit women, and people who can become pregnant…to work for them in states that have really embraced these radical extremist bans.”

What some companies are doing. Companies including Amazon, Levi Strauss, Citigroup, Yelp, and the Match Group (maker of dating apps Tinder and Hinge) are offering to cover some travel expenses for employees seeking abortions out of state. Still, many organizations appear reluctant to speak about abortion: A recent survey from Fast Company found that of 200 companies queried on their views and policies on abortion, only 15 responded to questions on the record.

Walmart and Lowe’s, which were also among the large corporations that did not respond to Fast Company’s inquiries, did not immediately respond to a request for comment from HR Brew.—SB

Do you work in HR or have information about your HR department we should know? Email [email protected] or DM @SammBlum on Twitter. For completely confidential conversations, ask Sam for his number on Signal.

Quick-to-read HR news & insights

From recruiting and retention to company culture and the latest in HR tech, HR Brew delivers up-to-date industry news and tips to help HR pros stay nimble in today’s fast-changing business environment.

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