A Costco shareholder proposal brought by conservative investment activists asked the company to probe its diversity, equity and inclusion policies, and report back on whether they should be eliminated.
The company’s board has recommended against the change for the company that is one of the biggest retailers in Alaska, with five membership-only warehouse outlets. There are more than 600 of the warehouse-style stores nationwide, and another 300 overseas; Juneau’s Costco is the company’s smallest warehouse.
The activist shareholder group is working with the National Center for Pubic Policy, which says certain DEI initiatives may expose Costco to discrimination lawsuits from “white, Asian, male or straight” workers or contractors.
Already, companies such as Walmart, Tractor Supply, and others have changed their DEI policies due to public and shareholder pressure, but Costco is based near Seattle, which is Ground Zero for DEI politics.
The shareholder statement says: “Last year, the US Supreme Court ruled in SFFA v. Harvard that discriminating on the basis of race in college admissions violates the equal protection clause of the 14th Amendment. Prior legal advice regarding the legality of corporate Diversity, Equity and Inclusion (DEI) programs has been called into question post-SFFA. As such, Attorneys General of 13 States warned Fortune 100 companies that SFFA implicated corporate DEI programs. Since SFFA, a number of DEI-related lawsuits have been filed. A corporation was successfully sued for a single case of discrimination against a white employee resulting in an award of more than $25 million, and the risk of being sued for such discrimination appears to be rising. Additionally, many major companies have begun to roll back prior DEI commitments and lay off employees from DEI departments.
The statement reminds shareholders that Alphabet and Meta cut DEI staff and DEI-related investments, Microsoft laid off an entire DEI team, as did Zoom, and John Deere publicly stated that it has halted many policies that were previously part of its DEI efforts after Tractor Supply explicitly stated that it has eliminated DEI roles and retired current DEI goals.
“It’s clear that DEI holds litigation, reputational and financial risks to the Company, and therefore financial risks to shareholders,” the shareholder statement says. “And yet Costco still has such a program, though it was apprehensive enough to recognize this as it recently and quietly rebranded its DEI program to ‘People and Communities.'”
Sticking a new label on discriminatory practices doesn’t protect Costco and its shareholders from the risks. The renamed program still openly expresses a “commitment to equity,” employs a “chief diversity officer,” has a supplier diversity program that picks suppliers based on their race and sex. Costco factors in race and sex in hiring and promotion, and contributes shareholder money to organizations that advance the discriminatory agenda of DEI.
“All of these practices are staples of corporate DEI programs and are consistent with Costco’s DEI program prior to its rebranding. With 310,000 employees, Costco likely has at least 200,000 employees who are potentially victims of this type of illegal discrimination because they are white, Asian, male or straight. Accordingly, even if only a fraction of those employees were to file suit, and only some of those prove successful, the cost to Costco could be tens of billions of dollars,” the shareholders say.
The Costco board of directors unanimously voted to recommend a shareholder vote against the proposal. Such a vote will take place at a later date among qualified shareholders, typically investment funds.
“For our employees, these efforts are built around inclusion – having all of our employees feel valued and respected. Our efforts at diversity, equity and inclusion remind and reinforce with everyone at our Company the importance of creating opportunities for all. We believe that these efforts enhance our capacity to attract and retain employees who will help our business succeed. This capacity is critical because we owe our success to our now over 300,000 employees around the globe. We welcome members from all walks of life and backgrounds. As our membership diversifies, we believe that serving it with a diverse group of employees enhances satisfaction. Among other things, a diverse group of employees helps bring originality and creativity to our merchandise offerings, promoting the ‘treasure hunt’ that our customers value. That group also helps to provide insights into the tastes and preferences of our members. And we believe (and member feedback shows) that many of our members like to see themselves reflected in the people in our warehouses with whom they interact. Having diversity in our supplier base, including appropriate attention to small businesses, is beneficial for many of the same reasons diversity benefits our Company. We believe that it fosters creativity and innovation in the merchandise and services that we offer our members,” the board statement says.
