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Comptroller already prompts three companies to enact reforms this season

Continuing a decade-long campaign by the New York City Comptroller's Office, William C. Thompson, Jr. today announced a series of shareholder resolutions calling on some of America 's largest companies to strengthen prohibitions against discrimination based on sexual orientation and gender identity.

The resolutions were filed on behalf of the New York City Employees' Retirement System (NYCERS), New York City Police Department Pension Fund, New York City Fire Department Pension Fund, New York City Teachers' Retirement System and New York City Board of Education Retirement System.

The resolutions call for companies that have not already done so to bar discrimination based on sexual orientation or gender identity. All are among the 1,000 largest companies in the United States , as ranked by Fortune.

“Discrimination in any form is simply not acceptable, and we must do whatever it takes to eradicate bias,” Thompson said. “Companies that fail to impose formal non-discrimination policies make employees susceptible to discrimination because victimized workers are not protected. New York City invests its funds in these companies, and these companies must ensure that they are inclusive of all people.”

“It is great news that the Pension Funds are working to persuade more companies to ban discrimination based on sexual orientation and gender identity,” said New York City Public Advocate Betsy Gotbaum. “Companies that follow fair labor and hiring practices are not only doing the right thing for their employees but also providing a better long-term investment for their shareholders. Once again, the Pension Funds are leading the way in shareholder activism and ensuring that members get the best possible return on their money.”

This proxy season, the Comptroller and the Funds are expanding their efforts urging companies to adhere to the Equality Principles, a 10-point code of conduct aimed at advancing workplace equality by barring discrimination based on sexual orientation and gender identity. Resolutions so far have been filed with GenCorp, Inc. of Rancho Cordova , CA , Wendy's International, Inc. of Dublin , OH , and Oneok, Inc. of Tulsa , OK . Additional resolutions will be submitted in the coming months.

The Principles involve the adoption of written employee non-discrimination policies on sexual orientation and gender identity in the workplace. Companies agree to: incorporate non-discrimination language in their employment policy statement; disseminate the statement company-wide; not tolerate discrimination on the basis of any employee's actual or perceived health condition, status or disability; offer equal health insurance and other benefits to employees to cover domestic partners regardless of the employee's marital status, sexual orientation, gender expression or gender identity; include discussions of sexual orientation, gender expression and gender identity as part of official employee diversity and sensitivity training communications; give employee groups equal standing, regardless of sexual orientation, gender identity or gender expression; and, ensure that their advertising policies avoid the use of negative stereotypes.

Additionally, companies agree not to discriminate against advertising, marketing or promoting events on the basis of sexual orientation, gender expression or gender identity, or in the sale of goods or services based on sexual orientation, gender expression or gender identity, and not to prohibit charitable contributions to groups and organizations on the basis of sexual orientation, gender expression or gender identity.

Last year, the Funds were successful in prompting Toys ‘R' Us of Wayne, N.J., and the Cerner Corporation of Kansas City , MO , to amend their policies and practices to encompass the 10 principles.

The resolutions build on proposals submitted by the Pension Funds for more than a decade asking dozens of Fortune 500 companies to adopt policies that explicitly prohibit discrimination based on sexual orientation. To date, 33 companies have amended their policies to include protections against discrimination based on sexual orientation.

This season, the Pension Funds have filed resolutions asking companies to bar discrimination based on sexual orientation with Baldor Electric Company of Fort Smith , AK, and Robert Half International, Inc. of Menlo Park , CA . The Pension Funds will file several similar resolutions in the coming months.

The Comptroller and Funds already have withdrawn several resolutions this season after companies agreed to change policies to bar discrimination based on sexual orientation. Thompson identified the companies as: General Dynamics of Falls Church, VA, and Paccar, Inc. of Bellevue , WA . Most recently, DTE Energy agreed to enact changes to bar discrimination based on sexual orientation and gender identity; the City subsequently withdrew its resolution.

Thompson also resubmitted a resolution (the sixth time it has been filed by the Funds) with ExxonMobil of Dallas, Texas. Last year, 29.5 percent of votes cast – or more than 1.55 billion shares – were cast in favor of the proposal, which was triggered by ExxonMobil's repeal of a policy that formally prohibited discrimination. Three years ago, ExxonMobil challenged the City's non-discrimination resolution with the Securities and Exchange Commission, which ruled that shareholders could vote on the measure.

Besides Thompson, the Pension Funds trustees are:

Fire Department Pension Fund: Mayor Michael Bloomberg; New York City Fire Commissioner Nicholas Scoppetta (Chair); New York City Finance Commissioner Martha E. Stark; Stephen Cassidy, President, James Slevin, Vice President, Robert Straub, Treasurer, and John Kelly, Brooklyn Representative and Chair, Uniformed Firefighters Association of Greater New York; Peter Gorman, President and Captains’ Rep., Nicholas J. Visconti, Chiefs’ Rep., and Stephen J. Carbone, Lieutenants’ Rep., Uniformed Fire Officers Association; and, Joseph Gagliardi, Marine Engineers Association.

Police Pension Fund: Mayor Michael Bloomberg; New York City Finance Commissioner Martha E. Stark; New York City Police Commissioner Raymond Kelly (Chair); Patrick Lynch, Patrolmen’s Benevolent Association; Michael Palladino, Detectives Endowment Association; Edwin Mullins, Sergeants Benevolent Association; Anthony Garvey, Lieutenants Benevolent Association; and, John Driscoll, Captains Endowment Association.

NYCERS: New York City Finance Commissioner Martha E. Stark (Chair); New York City Public Advocate Betsy Gotbaum; Borough Presidents Scott Stringer (Manhattan), Helen Marshall (Queens), Marty Markowitz (Brooklyn), Adolfo Carrion (Bronx), and James Molinaro (Staten Island); Lillian Roberts, Executive Director, District Council 37, AFSCME; Roger Toussaint, President Transport Workers Union Local 100; and, Carroll (Carl) Haynes, President, International Brotherhood of Teamsters, Local 237.

TRS: New York City Finance Commissioner Martha E. Stark (Chair); Deputy Chancellor Kathleen Grimm, New York City Department of Education; and, Sandra March, Melvyn Aaronson and Mona Romain, all of the United Federation of Teachers.

BERS: mayoral appointees Schools Chancellor Joel Klein, Alan Aviles, Philip Berry, David Chang, Tino Hernandez, Augusta Souza Kappner, Richard Menschel and Marita Regan; Borough President appointees Jesse Mojica (Bronx), Martine G. Guerrier (Brooklyn), Vivian Farmery (Manhattan), Michael Flowers (Queens), and Joan Correale (Staten Island); and employee members Thomas J. Malanga of the International Union of Operating Engineers, Local 891, and Milagros Rodriguez of District Council 37, Local 372.

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