New York City Comptroller William C. Thompson, Jr., on behalf of the New York City Employees’ Retirement System (NYCERS), today renewed the call for ExxonMobil to adopt policies that specifically bar discrimination based on sexual orientation.

Thompson’s announcement comes after 28.9 percent of ExxonMobil shares were voted in support of the City’s proposal calling on the company to change its non-discrimination policy. The vote took place at ExxonMobil’s annual meeting in Dallas, Texas.

The proposal was triggered by ExxonMobil’s repeal of a policy that formally prohibited discrimination. Two years ago, ExxonMobil challenged the Comptroller’s non-discrimination resolution with the Securities and Exchange Commission (SEC). The SEC ruled that shareholders could vote on the measure.

Each year, greater percentages of shares have been voted in favor of the proposals. Today, the 28.9 percent represented more than 1.5 billion shares worth more than $68.3 billion. Last year, 27.1 percent of ExxonMobil shares – 1.83 billion shares worth about $66.7 billion - were voted in support of the proposal. The previous year, 23.9 percent of shares -1.63 billion worth $65.6 billion - were voted in favor of the measure. The first year the proposal was filed, 5.9 percent of shares were voted in support of the proposal.

“The momentum is there for change to protect gays and lesbians from workplace discrimination,” Thompson said. “While so many other companies have already embraced change, ExxonMobil has chosen not to do so. That is a shame.”

Thompson continued: “I intend to follow the lead of the trustees of the New York City Employees’ Retirement System, which considers this an important human rights issue, and again submit the proposal next year. I hope that ExxonMobil ultimately understands the necessity of this change.”

"For years shareholders, led by NYCERS, have called on ExxonMobil to prohibit sexual orientation discrimination," said Martha E. Stark, Commissioner of Finance and Chair of the NYCERS Board of Trustees. "Despite these efforts, management stubbornly refuses to amend the equal employment opportunity policy. Today, all major oil companies and the vast majority of the world's largest companies prohibit sexual orientation discrimination. Creating equal opportunity widens the pool of a company's applicants and better reflects the diversity of its customers. It's good business."

Commissioner Stark added: "When all is said and done banning discrimination is just the right thing to do. ExxonMobil should quit stalling and commit to equal opportunity for all."

ExxonMobil is one of only three companies in the Fortune 100 that do not cover sexual orientation in their non-discrimination policy, according to Kim I. Mills, education director of the Human Rights Campaign. HRC co-filed the proposal for the fourth consecutive year.

“We fail to understand why ExxonMobil insists on remaining out of step with the largest, most successful U.S. companies, including many of its competitors,” Mills said. “ExxonMobil needs to come into the 21 st century and clearly state that it prohibits sexual orientation discrimination as forcefully as it prohibits forms of discrimination covered by federal law.”

“Although this is not a perfect outcome, we applaud the progress and commitment that shareholders continue to show for this issue,” said Jeff Goodman, Chair of the Executive Board of the New York City-based Equality Project Investor Advocates (501c3). “In time, with more patience and persistence, we know that ExxonMobil management will come to see the importance of respecting and protecting all employees regardless of sexual orientation or gender expression.”

The resolution called for ExxonMobil to adopt a policy stating: “Employment discrimination on the basis of sexual orientation diminishes employee morale and productivity….Our company would benefit by a consistent, corporate-wide policy to enhance efforts to prevent discrimination, resolve complaints internally, and ensure a respectful and supportive atmosphere for all employees.”

NYCERS owns 9,084,280 shares worth about $393 million of ExxonMobil, while the City’s five Pension Funds hold 23,236,392 shares with a current market value of more than $1 billion.

To date, 20 other companies have amended their non-discrimination policies after Thompson and the Pension Funds filed shareholder proposals over the last two years. They are: Cracker Barrel; CSX; American Electric Power; Duke Energy; CenterPoint Energy; Dynegy; Marathon Oil; JCPenney; Mirant; TXU Corp.; Ingram Micro; Lockheed Martin; FedEx; El Paso Corp.; Masco Corp.; Goodyear Tire & Rubber Company; Smurfit-Stone Container Corp.; Waste Management, Inc.; Southern Company; and Centex Corp.

Serving with Comptroller Thompson on the NYCERS board are: New York City Finance Commissioner Martha E. Stark; Public Advocate Betsy Gotbaum; Borough Presidents C. Virginia Fields (Manhattan), Helen Marshall (Queens), Marty Markowitz (Brooklyn), Adolfo Carrion (Bronx), and James Molinaro (Staten Island); Lillian Roberts, Executive Director of District Council 37, AFSCME; Roger Toussaint, President, TWU-Local 100; and, Carroll Haynes, President, International Brotherhood of Teamsters, Local 237.

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