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
- Texas AG Ken Paxton and nine other
attorneys general are investigating six major banks over DEI and ESG policies
- The probe questions diversity
hiring, board quotas, and climate commitments, citing potential legal
violations
- Banks have 45 days to respond,
facing possible enforcement action if found non-compliant
- The investigation follows previous
scrutiny of ESG initiatives and growing political opposition to corporate DEI
efforts
A group of attorneys general from
10 states, led by Texas Attorney General Ken Paxton, has launched an
investigation into the diversity, equity, and inclusion (DEI) and
environmental, social, and governance (ESG) policies of six major financial
institutions.
The letters, sent last Thursday,
were addressed to Bank of America, BlackRock, Citi, Goldman Sachs, JPMorgan
Chase, and Morgan Stanley, warning that their diversity hiring and supplier
diversity goals could lead to legal action.
Paxton’s inquiry focuses on
whether the firms' stated employment and board diversity targets, as well as
their ESG proxy voting policies, violate state or federal laws.
The letter alleges that race- and
gender-based hiring quotas and climate-focused financial commitments could
breach fiduciary duties by prioritizing political agendas over financial
performance.
The banks have been given 45 days to respond to the inquiry, which
could escalate into enforcement action if their practices are found to be
unlawful.
The investigation follows a
previous probe into some of the same financial institutions, which Paxton
dropped after several firms withdrew from the United Nations-backed Net-Zero
Banking Alliance (NZBA). Bank of America, JPMorgan Chase, Morgan Stanley, Citi,
and Goldman Sachs all left the initiative between December and January, citing
increasing political pressure.
BlackRock’s recent departure from the Net-Zero Asset Managers
initiative (NZAM) also led to the suspension of the group’s signatory tracking.
As scrutiny over ESG and DEI
policies intensifies, major banks face mounting legal and political challenges.
The attorneys general are
requesting detailed information on how these firms have implemented their
diversity hiring and vendor inclusion programs.
They are also probing how these financial giants have participated
in climate-focused alliances, such as NZBA, NZAM, and Climate Action 100+, and
whether their proxy voting decisions align with stated ESG priorities.
Paxton’s latest action comes amid
broader efforts by conservative leaders to roll back corporate DEI and ESG
commitments. Former President Donald Trump has pledged to dismantle President
Joe Biden’s DEI policies, ordering federal agencies to scrutinize private-sector
diversity programs.
This wave of opposition has led to heightened regulatory risks for
businesses navigating ESG and DEI commitments while balancing shareholder
interests.
JPMorgan Chase CEO Jamie Dimon
addressed the growing anti-ESG and anti-DEI sentiment at the World Economic
Forum in Davos last week.
When asked how his firm would
respond to activist pressure, Dimon said, “Bring them on.” While he
acknowledged that JPMorgan’s policies may evolve, he emphasized that the bank
will continue its outreach to minority communities and pursue its climate-related
goals.
“We’re not trying to pander to any which side or any which thing,”
he told CNBC’s Squawk Box.
Legal challenges related to ESG
policies have been mounting. BlackRock recently settled a lawsuit with the
state of Tennessee, which accused the firm of misleading consumers about its
ESG investment strategies.
While BlackRock agreed to provide
additional disclosures for its funds, it was not fined, and no laws were found
to have been violated. However, the asset manager remains entangled in another
lawsuit filed by Paxton, who, along with attorneys general from other states,
is suing BlackRock, Vanguard, and State Street for allegedly conspiring to
“artificially constrict” the coal market.
BlackRock and State Street have dismissed the lawsuit as baseless.
Ten state attorneys general, led by Texas AG Ken Paxton, are investigating six major banks over their DEI and ESG policies. The probe questions diversity hiring, board quotas, and climate commitments, alleging potential legal violations. Banks have 45 days to respond, facing possible enforcement action.
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