The Informed Board Should Your Company Take a Stand on Political and Social Issues?
Skadden partners Ann Beth Stebbins and Ki Hong, Joele Frank partner Jamie Moser and the chief people officer of Duck Creek Technologies, Courtney Townsend, discuss the demands companies face to take positions on political and social issues and growing scrutiny of corporate political contributions.
Corporate culture is important to today’s work force, and employees often expect their employers to speak out on political and social issues that are important to them. Employees are also increasingly aware of a company’s political contributions.
Understanding employee perspectives on issues that are important to them is vital, says Townsend. Management can stay in touch with the employee base through surveys, round tables or on-to-one conversations, for example. What is important to employees has become important to the business.
It is increasingly difficult for a company to avoid weighing in on political and social issues, even if those issues do not directly affect its operations. But a company needs to have a policy to guide decisions about which issues it will address.
Four factors are driving the pressure from employees, says Joele Frank partner Jamie Moser. First, a new generation of workers wants to produce and consume products and work in an environment aligned with their values. Second, social media has increased the visibility of political and social issues and made the need to respond seem more urgent. Third, political polarization has intensified the emotions around issues. Finally, the rise in importance of ESG factors across society has heightened employee interest in such matters.
When it comes to political donations, scrutiny has increased dramatically since 2015, Hong says. Companies therefore need to balance the views of stakeholders with the consequences of making contributions and taking positions on controversial issues. He notes that taking positions on social and political issues, if not carefully thought through, could cause the company to lose business.
Moser and Hong emphasize that businesses need to anticipate the types of issues on which they may be asked to take a position and decide which issues warrant a public position and which do not. Advance planning is essential. You do not want to be formulating your strategy in the middle of a media storm, they stress.
Sometimes responding to a political issue requires a company to first research logistical questions, Moser points out. That was true when the U.S. Supreme Court delivered its decision in the Dobbs case regarding abortion rights. Companies had to sort out insurance and various legal questions before responding to employees’ concerns about the decision’s impact on them. In such circumstances, to maintain credibility, leadership should communicate that the company is addressing the issue and, if possible, how the company is approaching the matter even if it cannot immediately provide answers, Moser advises.
Companies can face very different business consequences for their positions on political and social issues depending on the jurisdiction, Hong notes. For example, Texas passed a law barring the state from doing business with companies that take positions in opposition to fossil fuels, and Cook County, Illinois may require its vendors to offer abortion coverage to their employees.
On any given issue, satisfying all stakeholders may not be possible, Hong warns.
Related to these issues, directors who come up for election soon could find more attention being paid to them as individuals — not just as members of a slate — because of the introduction this proxy season of the “universal proxy card” , making it easier for shareholders to choose individual directors, Moser explains. That could lead activists and others to conduct research on the statements and political contributions of directors, in an effort to challenge their board candidacy.
💡 Meet Your Host 💡
Name: Ann Beth Stebbins
Title: Partner at Skadden
Specialty: Ann Beth is a partner in Skadden’s Mergers and Acquisitions Group, based in New York. She spent eight years in Skadden’s London office and has been involved in many cross-border transactions representing acquirers, targets and financial advisors. She was recognized as an Outstanding Women Leader by Georgetown University Law Center and was the 2018 recipient of the John Carroll Award, the highest honor bestowed upon a Georgetown alumnus. She also was named as one of The American Lawyer’s 2020 Dealmakers of the Year, Woman Dealmaker of the Year by The M&A Advisor and one of the Lawdragon 500 Leading Lawyers in America.
Connect: LinkedIn
💡Featured Guests 💡
Name: Courtney Townsend
What she does: Courtney is the chief people officer of Duck Creek Technologies and is responsible for developing and executing the company’s HR strategy and plan. With more than 15 years of HR experience, Courtney leads culture development, inclusion and diversity, succession planning, talent management, change management, and organizational and performance management.
Organization: Duck Creek Technologies
Sound bite: “I think that the expectation from a lot of employees is that we do take a stance on certain things that are happening out there. I think that companies … need to decide what is important for them to speak about externally, specifically, and what is not.”
Connect: LinkedIn
Name: Jamie Moser
What she does: As a partner at Joele Frank, Wilkinson Brimmer Katcher, Jamie helps companies identify their communication challenges and develop and implement plans to improve. Jamie provides strategic counsel and support with investor and public relations, crisis communications, M&A, spin-offs and shareholder activism.
Organization: Joele Frank, Wilkinson Brimmer Katcher
Sound bite: “It's important for companies to create a heat map as they think about the various issues — the social, the political, the internal, any number of issues — that could impact how employees engage and interact with their employer, how they feel about their company, and, therefore, how they project to the world how they feel about the company.”
Connect: LinkedIn
Name: Ki Hong
What he does: Ki Hong is a Skadden partner and head of its Political Law Group. He is responsible for advising major corporations on government affairs and government procurement activity, such as federal and state campaign finance, lobbying, gifts, ethics and conflict-of-interest laws.
Organization: Skadden
Sound bite: “[T]he important thing is to…, in advance, … come up with a line where you’re going to weigh in and what you’re not going to weigh in on, and then stick with it. You don’t want to be making this decision during a media storm. That’s when some of the bigger mistakes get made.”
Connect: LinkedIn