Nike and FedEx signs. Nike and FedEx signs. Credit: ALM

Nike Inc. and FedEx Corp. shareholders have rejected proposals aimed at promoting diversity and bringing more transparency to the companies' environmental, social and governance reporting.

Whistle Stop Capital, the San Francisco-based consultancy firm behind the Nike proposal, had argued that the company needed to shine a light on the outcomes of the company's diversity, equity and inclusion efforts to prove that it was "something more than corporate puffery" or "woke-washing."

Nike contended that the proposal was unnecessary because the company already publicly discloses diversity metrics and "provides our shareholders with meaningful insight into our progress in this area."

While a majority of shareholders rejected the proposal during Nike's annual general meeting Wednesday, a final vote tally and a transcript of that meeting was not yet available.

More than 80% of FedEx shareholders voted against a similar diversity-related proposal during the company's annual meeting last month.

Like the Nike proposal, the FedEx proposal was based on suspicions that the Memphis, Tennessee-based global shipping giant's diversity data for senior management in its ESG report "does not reflect company executive leadership and does not address … whether employees of color are able to attain promotions, use benefits equally, or face unequal rates of disciplinary action."

The ESG report indicates that about 38% of FedEx's managers are minorities, but the company reported to the Equal Employment Opportunity Commission that nearly 78% of its top-level employees identified as non-Hispanic white.

During Nike's annual meeting, CEO John Donahoe "repeated his company's commitment to diversity, equity, and inclusion" and "spoke at a high level to Nike's workforce composition, recent hires and internship program," according to Whistle Stop founder Meredith Benton.

But while Nike has "much to say about diversity," Benton said, it has "remained mum on its own retention rate of diverse employees. It has steadfastly declined to provide this data by gender, race, and ethnicity.

"It's not enough that Nike hires diverse employees, it must also show that it is effective in building a workplace where its employees are able to thrive," she added.

While the proposal has failed, Whistle Stop will "continue to try and collaboratively engage with Nike," Benton said. "We are also tracking closely the increases in data reporting from all of the companies in the Russell 1000. Nike cannot currently claim leadership on diversity data transparency and our expectation is that it will begin to find itself isolated from its peers."

Later this month, Procter & Gamble Co. shareholders will vote on a proposal that would force the Cincinnati-based consumer goods company to consider current and former non-managerial employees as candidates for open seats on the board of directors as part of an effort to bolster board diversity. P&G opposes the proposal.

Of the company's 12 directors, six are women, four are racially or ethnically diverse and 10 are not current or former P&G employees, according to P&G's latest proxy filing. The company also noted that all directors who serve on P&G committees are independent.

"We highly value board independence, and adding non-management employee board members would lessen that independence," P&G stated in the proxy.

Phillip Bantz

Phillip Bantz

Phillip Bantz is a reporter for Corporate Counsel. Follow him on Twitter @PhillipBantz.

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