New York State’s $260 Billion Retirement Fund Targets Oversight Failures at Tesla, Wells Fargo, and Chipotle

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New York state comptroller Thomas DiNapoli wants more details on workforce oversight. © Daniel Acker/Bloomberg via Getty Images

An investment fund is demanding accountability from three major corporations in the wake of serious allegations involving fraud, sexual harassment, and racial discrimination. The New York State pension fund, boasting assets worth $260 billion, has targeted Chipotle, Tesla, and Wells Fargo with shareholder proposals aimed at compelling disclosure of their expenditures on dispute settlements and the total count of pending harassment or discrimination complaints being addressed through arbitration or litigation. These proposals come in response to a series of lawsuits, investigations, and reports shedding light on problematic workplace practices within these companies, with the New York fund asserting that investors ultimately bear the financial burden of such mismanagement.

Mark Johnson, press secretary for New York state comptroller Thomas DiNapoli, highlighted the rationale behind singling out these companies, emphasizing persistent failures in workforce oversight by management and the board. He noted that civil rights violations within the workplace could lead to substantial costs for companies, including legal expenses, fines, decreased productivity, recruitment challenges, and leadership distraction.

The fund’s proposals are underscored by specific incidents that triggered the calls for transparency. At Tesla, the carmaker faced numerous allegations of racial or sexual harassment and discrimination, including an Equal Employment Opportunity Commission (EEOC) lawsuit for racial harassment and retaliation. The lawsuit detailed instances of open hostility towards Black employees, with reports of racial slurs, threats, and nooses in the workplace. Tesla recently settled a racial discrimination lawsuit and is currently facing a proposed class action lawsuit.

Wells Fargo also came under scrutiny for conducting sham interviews of diverse candidates and paying $3 billion to resolve investigations into fraudulent account openings. Chipotle faced allegations of sexual harassment, culminating in a settlement with former employees and changes to its policies.

While Chipotle and Tesla have yet to disclose their responses to the shareholder proposals, Wells Fargo urged investors to vote against it, citing ongoing efforts to address the issues raised. The company highlighted its racial equity assessment and policy changes as evidence of responsiveness to investor concerns, despite the fund’s dissatisfaction with the engagement process. Ultimately, the New York fund remains steadfast in its pursuit of accountability and transparency, signaling a continued push for corporate responsibility across the board.

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