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`154010/2021
`INDEX NO. 154010/2021
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`EXHIBIT G
`EXHIBIT G
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`FILED: NEW YORK COUNTY CLERK 02/08/2022 04:43 PM
`NYSCEF DOC. NO. 316
`
`Corporate
`Equality
`Index 2021
`
`INDEX NO. 154010/2021
`
`RECEIVED NYSCEF: 02/08/2022
`
`Rating
`Workplaces
`on Lesbian,
`Gay, Bisexual,
`Transgender
`and Queer
`Equality
`
`NE
`
`

`

`FILED: NEW YORK COUNTY CLERK 02/08/2022 04:43 PM
`NYSCEF DOC. NO. 316
`CEI 2021
`Corporate Equality Index
`
`INDEX NO. 154010/2021
`
`RECEIVED NYSCEF: 02/08/2022
`
`© 2021 by the Human Rights Campaign Foundation. The Human Rights Campaign Foundation
`owns all right, title and interest in and to this publication and all derivative works thereof. Permission
`for reproduction and redistribution is granted if the publication is (1) reproduced in its entirety
`and (2) distributed free of charge. The Human Rights Campaign name and the Equality logo are
`trademarks of the Human Rights Campaign. The Human Rights Campaign Foundation and design
`incorporating the Equality logo are trademarks of the Human Rights Campaign Foundation.
`
`ISBN-13 978-1-934765-58-6
`
`CO R P O RAT E E Q UAL IT Y I N D E X 2 0 2 1
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`

`

`FILED: NEW YORK COUNTY CLERK 02/08/2022 04:43 PM
`NYSCEF DOC. NO. 316
`CEI 2021
`Table of Contents
`
`INDEX NO. 154010/2021
`
`RECEIVED NYSCEF: 02/08/2022
`
`Corporate
`Equality
`Index 2021
`
`2
`
`Message from the HRC Foundation President
`
`Rating
`Workplaces
`on Lesbian,
`Gay, Bisexual,
`Transgender
`and Queer
`Equality
`
`NEWS
`
`EXECUTIVE SUMMARY
`3
`Key Findings
`5
`Equality at the Fortune-Ranked Companies
`7
`Accelerating Global Equality
`8
`10 Spotlight: HRC’s Equidad Programs
`
`FINDINGS
`13
`14 Criteria 1: Workforce Protections
`16 Criteria 2: Inclusive Benefits
`
` 17 Continued Need for Partner Benefits
`
` 18 Understanding Transgender-Inclusive Healthcare Coverage
`19 Criteria 3: Supporting an Inclusive Culture & Corporate Social Responsibility
`
` 19 Internal Education and Training Best Practices
`
` 20 LGBTQ Employee Resource Group or Diversity Council
`
` 22 Outreach or Engagement with the LGBTQ Community
`
` 24 Corporate Social Responsibility
`25 Spotlight: Equality in the Public Square
`
`28 RATING SYSTEM AND METHODOLOGY
`30 Scoring Criteria
`
`32 BEST PLACES TO WORK FOR LGBTQ EQUALITY 2021
`
`38 APPENDIX A: EMPLOYER RATINGS
`
`71 ACKNOWLEDGEMENTS
`72 HRC’s Business Advisory Council
`73 About the Workplace Equality Program
`
`1
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`

`

`FILED: NEW YORK COUNTY CLERK 02/08/2022 04:43 PM
`NYSCEF DOC. NO. 316
`CEI 2021
`Corporate Equality Index
`
`INDEX NO. 154010/2021
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`RECEIVED NYSCEF: 02/08/2022
`
`Message from the
`HRC Foundation President
`
`OVER ITS 19-YEAR HISTORY, THE HUMAN RIGHTS CAMPAIGN’S
`Corporate Equality Index (CEI) has been the driving force for the adoption of
`equitable workplace policies, practices and benefits for lesbian, gay, bisexual,
`transgender and queer (LGBTQ) people in the United States and beyond.
`
`Our participating companies know that building an LGBTQ-inclusive workplace
`is not just the right thing to do — it is also the best business decision — allowing
`companies to attract, retain and engage top talent. And their commitment
`to building inclusion has only strengthened over the past year, with a
`record-breaking number of corporations achieving top marks. Many of these
`companies have also continued their crucial support of legislation such as the
`Equality Act that would protect and empower their LGBTQ employees and
`customers across all areas of life. In the face of grave and unprecedented
`challenges over the past year, the businesses featured in the CEI made LGBTQ
`equality a priority.
`
`From the previously unimaginable impact of the COVID-19 pandemic, to a long
`overdue reckoning with racial injustice, 2020 was truly a year like none other.
`Business leaders across the country were called upon to face these challenges
`head on. Companies that have long invested in diversity & inclusion efforts were
`forced to take stock of their progress; and, like most institutions, many found
`opportunity to deepen their commitment to advance equity for all.
`
`New and necessary efforts are underway in recruiting, professional
`development, training and community engagement to advance equity for
`employees of color, particularly those who are Black and Latinx, across the
`Fortune 500 and beyond. Alongside these efforts, companies are bringing
`greater recognition to the challenges of those living at the intersections of
`multiple marginalized identities. These are important steps, but they are only
`the beginning.
`
`As we recognize the progress that has been made, two key questions for
`business leaders are: what will you do to define or better define the values of
`your businesses and what will you do to advance the lived experience of justice
`and equity for workers of marginalized identities in the coming year and beyond?
`
`In other words, diversity and inclusion policies and practices advanced through
`tools like the CEI are critical, but meaningful change requires more. It requires
`breathing life into these policies and practices in real and tangible ways.
`
`At the Human Rights Campaign, we stand ready to support you in addressing
`these questions and more. Together, we will continue to advance inclusion,
`equity and belonging for everyone.
`
`From the previously
`unimaginable impact
`of the COVID-19
`pandemic, to a long
`overdue reckoning
`with racial injustice,
`2020 was truly a
`year like none other.
`Business leaders
`across the country
`were called upon to
`face these challenges
`head on.
`
`Alphonso David
`President
`Human Rights Campaign Foundation
`
`2
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`

`

`FILED: NEW YORK COUNTY CLERK 02/08/2022 04:43 PM
`NYSCEF DOC. NO. 316
`CEI 2021
`Corporate Equality Index
`
`INDEX NO. 154010/2021
`
`RECEIVED NYSCEF: 02/08/2022
`
`Executive
`Summary
`
`3
`
`CO R P O RAT E E Q UAL IT Y I N D E X 2 0 2 1
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`

`

`FILED: NEW YORK COUNTY CLERK 02/08/2022 04:43 PM
`NYSCEF DOC. NO. 316
`CEI 2021
`Executive Summary
`
`INDEX NO. 154010/2021
`
`RECEIVED NYSCEF: 02/08/2022
`
`Corporate Equality
`Index 2O21
`
`IN THIS 19TH EDITION OF THE HUMAN RIGHTS
`Campaign Foundation’s Corporate Equality Index, a record-
`breaking 767 businesses met all the criteria to earn
`a 100 percent rating and the designation of being a
`“Best Place to Work for LGBTQ Equality.” Top-rated
`CEI employers come from nearly every industry and region
`of the United States. To earn top ratings, employers took
`concrete steps to establish and implement comprehensive
`policies, benefits and practices that ensure greater equity
`for LGBTQ workers and their families. The CEI rating criteria
`have four key pillars:
`(cid:79) Nondiscrimination policies across
`business entities;
`(cid:79) Equitable benefits for LGBTQ
`workers and their families;
`(cid:79) Supporting an inclusive culture; and,
`(cid:79) Corporate social responsibility.
`
`Since 2002, the Human Rights Campaign Foundation has
`published the CEI report based largely on the annual CEI
`survey administered to hundreds of major global employers.
`The first Index in 2002 had just 13 top-rated companies.
`
`Companies rated in the CEI include Fortune magazine’s
`500 largest publicly traded businesses (Fortune 500),
`American Lawyer magazine’s top 200 revenue-grossing
`law firms (AmLaw 200) and hundreds of publicly and
`privately held mid- to large-sized businesses.
`
`The CEI helps guide the wide-scale adoption of LGBTQ-
`specific practices and language within existing business
`structures. For example, where businesses enumerate
`federally protected categories of workers in their nondis-
`crimination policies (e.g. based on race, religion, disability,
`etc.), the HRC Foundation evaluates them on the inclusion
`of “sexual orientation” and “gender identity” protections.
`In terms of benefits, the HRC Foundation evaluates
`employers on the provision of health insurance coverage
`for same- and different-sex spouses and partners. In
`addition, the HRC Foundation assesses the availability of
`routine, chronic care and transition-related medical cover-
`age for transgender employees and dependents. Where
`major businesses regularly provide education, training
`and accountability measures on diversity and inclusion
`in the workplace, the HRC Foundation seeks to ensure
`these systems include the LGBTQ workforce. Lastly, major
`businesses have a range of engagement programs for
`their target markets and the communities in which they
`operate such as advertising, public policy engagement,
`supplier diversity, philanthropy, and sponsorship. We seek
`
`4
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`CO R P O RAT E E Q UAL IT Y I N D E X 2 0 2 1
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`the inclusion of the LGBTQ community in these external
`engagement efforts.
`
`By using the CEI criteria as a guide, businesses can help
`ensure that their existing policy and benefits infrastructure
`is inclusive of LGBTQ workers and their families, resulting
`in greater recruitment and retention of a talented, diverse
`workforce. The CEI serves as a roadmap to LGBTQ inclu-
`sive policies and practices, but it cannot provide a holistic
`assessment of the unique workplace cultures and indi-
`vidual experiences that characterize different employers.
`A CEI rating is one key evaluation metric among others in
`assessing the LGBTQ inclusiveness of any employer or
`provider of goods or services.
`
`In addition to the ongoing commitment the many prior
`participants, the 2021 CEI shows significant growth in
`the number of newly participating businesses. This year’s
`report contains over 80 new businesses from over 20
`industries that opted into the survey.
`
`The following report is reflective of verified data submitted
`to the HRC Foundation as well as independent research
`on non-responding businesses. Wherever credit can be
`verified, all ranked businesses will receive it, irrespective of
`their participation in the CEI survey.
`
`To date, the HRC Foundation has worked with
`thousands of businesses to promote workplace
`equality for LGBTQ workers. The 767 top-rated
`CEI employers:
`
`Have
`operations
`in all 50 STATES,
`employing over
`13 MILLION workers
`
`Employ over
`13 MILLION
`workers
`globally
`
`

`

`FILED: NEW YORK COUNTY CLERK 02/08/2022 04:43 PM
`NYSCEF DOC. NO. 316
`CEI 2021
`Executive Summary
`
`INDEX NO. 154010/2021
`
`RECEIVED NYSCEF: 02/08/2022
`
`Key Findings
`
`Unwavering Commitment:
`Record Number of Top Scoring Companies
`
`767
`
`Businesses
`Earning the
`Distinction of:
`
`Despite the COVID-19 global health pandemic and its corresponding economic pressures, a
`record-breaking 767 businesses earned 100 percent on the 2021 CEI and the designation
`of being one of the “Best Places to Work for LGBTQ Equality.”
`
`This year’s CEI reflects growth across every measurement category, from the adoption
`of inclusive nondiscrimination policies to equitable benefits to efforts to engage the
`LGBTQ community.
`
`Transgender Inclusion in the Workplace: Accelerating Progress
`
`The most considerable progress measured over the 19 year history of the CEI and
`continuing in 2021 has been the wide-scale adoption of transgender-inclusive initiatives
`across businesses.
`
`A full 94 percent of the Fortune 500 – including both companies that participate in the
`CEI survey and those that do not — have gender identity protections enumerated in their
`nondiscrimination policies (up from 3 percent in 2002) and 99 percent of the entire CEI
`universe of businesses offer explicit gender identity nondiscrimination protections
`(up from 5 percent in 2002).
`
`Driving a sea change in the adoption of nondiscrimination policies
`including “gender identity”
`
`(cid:81) Fortune 500 (cid:81) All CEI Participants (cid:81) No Protections
`
`95%
`
`99.7%
`
`94%
`
`3%
`
`5%
`
`2002
`
`0.3%
`
`2021
`
`CO R P O RAT E E Q UAL IT Y I N D E X 2 0 2 1
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`1000
`
`800
`
`600
`
`400
`
`200
`
`0
`
`5
`
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`

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`NYSCEF DOC. NO. 316
`CEI 2021
`Executive Summary
`
`INDEX NO. 154010/2021
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`RECEIVED NYSCEF: 02/08/2022
`
`71 percent of the Fortune 500 and over 91 percent of all CEI-rated
`businesses offer transgender-inclusive health insurance coverage, up from
`0 in 2002 and 22 times as many businesses as twelve years ago. 97 new
`employers offer this coverage according to the 2021 report.
`
`22x
`
`(cid:81) Companies with transgender inclusive health benefits 2009
`(cid:81) Companies with transgender inclusive health benefits 2021
`
`Over six hundred and twenty major businesses have adopted
`gender transition guidelines to establish best practices in
`transgender inclusion for managers and teams.
`
`The number of
`CEI participating
`companies
`who offer trans-
`gender-inclusive
`health insurance
`coverage, has
`increased 22
`times since 2009
`
`2008
`2009
`2010
`2011
`2012
`2013
`2014
`2015
`2016
`2017
`2018
`2019
`2020
`2021
`
`6
`
`CO R P O RAT E E Q UAL IT Y I N D E X 2 0 2 1
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`90
`115
`141
`172
`208
`239
`262
`291
`330
`387
`459
`515
`576
`624
`
`

`

`FILED: NEW YORK COUNTY CLERK 02/08/2022 04:43 PM
`NYSCEF DOC. NO. 316
`CEI 2021
`Executive Summary
`
`INDEX NO. 154010/2021
`
`RECEIVED NYSCEF: 02/08/2022
`
`Equality at the Fortune-Ranked Companies
`
`233 OF THE FORTUNE 500-RANKED BUSINESSES
`achieved a 100 percent rating (compared to 214 last year),
`with 14 of the top 20 Fortune-ranked businesses
`at this top score. 96 percent of the Fortune 500 include
`“sexual orientation” in their nondiscrimination policies and
`94 percent include “gender identity.” Over two-thirds of
`Fortune 500 companies offer transgender-inclusive health-
`care benefits.
`
`A record 366 of Fortune 500 businesses have official
`CEI ratings based on submitted surveys (as compared to
`359 last year), with an average rating of 76 compared to
`an average of 71 last year. The Fortune 1000 list of the
`largest publicly traded companies was invited to take part
`in the Corporate Equality Index survey for the tenth year in
`a row.
`
`All Fortune 500
`
`Fortune 500
`Participants
`
`Fortune 500
`Non-Responders
`
`Businesses’
`Commitment
`to LGBTQ
`Employees
`
`Sexual Orientation in U.S. Nondiscrimination Policy
`
`Gender Identity in U.S. Nondiscrimination Policy
`
`Domestic Partner Benefits
`
`Transgender-Inclusive Benefits
`
`Organizational LGBTQ Competency
`
`Public Commitment to the LGBTQ Community
`
`Average 2021 CEI Score
`
`96%
`94%
`57%
`71%
`71%
`70%
` 76%
`
`100%
`100%
`75%
`93%
`92%
`92%
` 92%
`
`81%
`73%
`0%
`0%
`0%
`0%
` 26%
`
`Fortune1000
`
`2O21 CEI Score
`
`14 of the Top 20
`Fortune-Ranked
`Companies
`Received 100%
`Ratings
`
`Walmart Inc.
`Exxon Mobil Corp.
`Apple Inc.
`Berkshire Hathaway
`Amazon.com Inc.
`UnitedHealth Group Inc.
`McKesson Corp.
`CVS Health Corp.
`AT&T Inc.
`AmerisourceBergen Corp.
`Chevron Corp.
`Ford Motor Co.
`General Motors Co.
`Costco Wholesale Corp.
`Google Inc.
`Cardinal Health Inc.
`Walgreen Co.
`JPMorgan Chase & Co.
`Verizon Communications Inc.
`The Kroger Co.
`
`7
`
`CO R P O RAT E E Q UAL IT Y I N D E X 2 0 2 1
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`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`
`100
`85
`100
`20
`100
`100
`100
`90
`100
`100
`100
`80
`90
`60
`100
`100
`100
`100
`100
`100
`
`

`

`FILED: NEW YORK COUNTY CLERK 02/08/2022 04:43 PM
`NYSCEF DOC. NO. 316
`CEI 2021
`Accelerating Global Equality
`
`INDEX NO. 154010/2021
`
`RECEIVED NYSCEF: 02/08/2022
`
`Accelerating Global Equality
`
`The business
`case for
`equality knows
`no borders
`
`OVER THE NEARLY 20 YEAR HISTORY OF THE CORPORATE EQUALITY INDEX, ONE
`thing is patently clear: equality is good business. Being an LGBTQ-inclusive1 employer is
`good for recruitment, retention, engagement and - ultimately - the bottom line. What began
`as largely U.S. and European efforts to create LGBTQ-inclusive workplaces is now a much
`larger conversation among international stakeholders. In a global marketplace, equality
`knows no borders.
`
`Working hand-in-hand with businesses, HRC elevated the case that inclusion efforts could
`not stop at any one border. Employee mobility alone necessitates that LGBTQ employees
`have confidence that they are valued and protected members of the workforce wherever
`they are assigned. As multinational companies adopted inclusive policies and practices in the
`U.S. and elsewhere, HRC encouraged them to consider how this impacted the workforce in
`countries less friendly - both in terms of the law and the culture - to LGBTQ people. In 2016,
`the Corporate Equality Index criteria were expanded to require that companies with global
`operations extend their nondiscrimination policies across all their operations. This change
`helped drive wider adoption of nondiscrimination policies that include sexual orientation and
`gender identity protections. In 2016, 54% of CEI-rated companies had global operations and
`95 percent of those extended their LGBTQ-inclusive nondiscrimination policies globally. With
`the 2021 CEI, 57 percent of rated companies have global operations and 99 percent extend
`those protections globally.
`
`And the progress does not stop with nondiscrimination policies. Companies continue to
`double down on their global LGBTQ inclusion efforts through the expansion of equitable
`benefits and inclusive practices. Globally, companies are adopting critical benefits such as
`domestic partner recognition and transgender-inclusive healthcare benefits and deepening
`employee engagement efforts such as the expansion of employee resource groups for
`LGBTQ workers and their allies. While the CEI criteria do not currently assess these efforts,
`the CEI survey does collect information on global efforts to provide domestic partner benefits
`and transgender-inclusive benefits, support for global chapters of employee resource groups,
`and whether companies engage externally with LGBTQ communities outside the U.S.
`
`Across all categories, a majority of companies report extending these benefits and inclusive
`practices beyond U.S. borders.
`
`1 At HRC we use the acronym “LGBTQ” for the greater lesbian, gay, bisexual, transgender and queer com-
`munities. We recognize this acronym is U.S.-centric and that communities around the world recognize different
`identities and acronyms. When working in different communities, we adjust our language to reflect local cus-
`toms (i.e., our Mexico- and Chile-based workplace inclusion programs use LGBT rather than LGBTQ).
`
`8
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`

`FILED: NEW YORK COUNTY CLERK 02/08/2022 04:43 PM
`NYSCEF DOC. NO. 316
`CEI 2021
`Accelerating Global Equality
`
`INDEX NO. 154010/2021
`
`RECEIVED NYSCEF: 02/08/2022
`
`Inclusive Nondiscrimination Policies
`Global companies that extend their nondiscrimination protections for both Sexual Orientation and Gender Identity
`across their entire operations:
`
`(cid:81) All Countries
`(cid:81) Some Countries
`(cid:81) US Only
`
`99%
`
`1%
`
`Domestic Partner Benefits
`Of companies that offer domestic partner benefits, the benefits are extended globally:
`
`44%
`
`47%
`
`9%
`
`Transgender-Inclusive Benefits
`Of companies that offer transgender-inclusive benefits, the benefits are extended globally:
`
`26%
`
`42%
`
`32%
`
`Employee Resource Groups
`Of companies with an ERG, the ERG program is available globally:
`
`46%
`
`33%
`
`23%
`
`Public Commitment to the LGBTQ Community
`Companies report engaging with the LGBTQ community outside of the U.S. through efforts such as marketing,
`advertising, recruitment efforts, philanthropic contributions, LGBTQ supplier diversity and public policy weigh-in:
`
`30%
`
`37%
`
`32%
`
`25%
`
`50%
`
`75%
`
`9
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`

`

`FILED: NEW YORK COUNTY CLERK 02/08/2022 04:43 PM
`NYSCEF DOC. NO. 316
`CEI 2021
`Accelerating Global Equality
`
`INDEX NO. 154010/2021
`
`RECEIVED NYSCEF: 02/08/2022
`
`Spotlight: HRC’s Equidad Programs
`
`THANKS TO HRC’S WORK WITH COMPA-
`nies in the U.S., hundreds of thousands of
`LGBTQ workers and their families benefit
`from inclusive workplace policies, practices
`and benefits. Following the unprecedented
`success of the CEI, with many U.S.-based
`multinationals eager to replicate prac-
`tices across their global footprint, the HRC
`Foundation saw an opportunity to expand
`its work with the business community in
`the Americas.
`
`With the CEI as a blueprint, HRC
`established a formal program aimed to
`grow LGBTQ-inclusive practices and
`policies across workplaces in Mexico. After
`years of working with corporate partners,
`civil society organizations and other
`stakeholders, including embassies and the
`American Chamber of Commerce, the HRC
`Foundation partnered with ADIL (Alianza
`por la Diversidad e Inclusión Laboral) to
`officially launch the HRC Equidad MX:
`Global Workplace Equality Program
`in 2016. Since its inception, the pioneering
`program — modeled after HRC’s CEI — has
`experienced substantial growth in promoting
`LGBT-inclusive workplaces throughout
`the country.
`
`The groundbreaking success of HRC
`Equidad MX is reflected in the increasing
`number of companies participating in the
`survey and achieving top ratings for LGBTQ
`workplace equality — for 2021, more
`than 200 employers earned top ratings
`
`and the HRC Foundation’s designation of
`“Best Places to Work for LGBT Equality”
`or “Mejores Lugares para Trabajar LGBT”
`in the 2021 HRC Equidad MX report. This
`represents a robust 77 percent increase in
`top-rated employers over the prior year and
`an incredible 562 percent increase
`since the program’s inaugural report in 2018.
`
`Next, the HRC Foundation expanded its
`LGBTQ workplace inclusion efforts to South
`America by partnering with Fundación
`Iguales, Chile’s largest LGBTQ advocacy
`group, to promote LGBT inclusive policies
`and protections among Chilean businesses
`and corporations through HRC Equidad
`CL. Launched in 2018, the Chilean-based
`program assessed more than 30 companies
`in its inaugural 2019 report and 15 of them
`received the HRC Foundation’s designation
`of “Mejores Lugares para Trabajar LGBT.”
`For the latest report in 2020 the program
`grew by 103 percent, rating a total of 63
`companies with 20 earning top marks. The
`2021 Equidad CL report will be released
`later this year.
`
`Through the CEI, Equidad MX and Equidad
`CL programs, the HRC Foundation has
`established guidelines to implement
`LGBTQ-inclusive policies, best practices and
`benefits across national and international
`corporations, impacting more than 39 million
`employees worldwide. Learn more at hrc.
`im/GlobalWorkplacePrograms.
`
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`

`FILED: NEW YORK COUNTY CLERK 02/08/2022 04:43 PM
`NYSCEF DOC. NO. 316
`CEI 2021
`Spotlight: HRC’s Equidad Programs
`
`INDEX NO. 154010/2021
`
`RECEIVED NYSCEF: 02/08/2022
`
`Triple Winners
`The following 12
`companies have the
`distinction of earning top
`scores on all three of
`HRC’s Corporate Equality
`measures: the Corporate
`Equality Index, Equidad
`MX and Equidad CL:
`
`Double Winners –
`Recognizing Growing
`Participation in Mexico
`In addition to the triple
`winners, the following
`68 companies earned
`top marks on both the
`Corporate Equality Index
`and Equidad MX:
`
`Accenture
`BASF
`Boston Consulting
`Group
`Deloitte
`IBM
`JPMorgan Chase & Co.
`McKinsey & Co.
`P&G
`SAP
`Sodexo
`Uber
`Walmart
`
`3M
`Airbnb
`Allianz
`Amazon
`American Airlines
`American Express
`Company
`Aon
`AstraZeneca
`AT&T
`Bain & Company
`Baker & McKenzie
`Becton, Dickinson
` and Co.
`Best Buy
`Brown-Forman Corp.
`Capgemini
`
`Cargill
`CBRE
`Cisco Systems
`Citigroup
`The Coca-Cola Co.
`Corteva Agriscience
`Cummins
`Cushman & Wakefield
`Dell Technologies
`Diageo
`Dow
`Eaton Corp.
`EY
`Facebook
`Fleishman-Hillard
`Google
`Greenberg Traurig
`Here Technologies
`Herman Miller
`HSBC
`Hyatt Hotels Corp.
`Intel
`Johnson & Johnson
`Kearney
`Kellogg Co.
`Lexmark International
`ManpowerGroup
`
`Marriott International
`Inc.
`Mars Inc.
`Mastercard
`MetLife
`Microsoft
`Nielsen
`Nike
`Novartis
`Ogilvy & Mather
`Omnicom Group
`Oracle
`PayPal
`PepsiCo
`Pernod Ricard
`Pfizer
`PwC
`Salesforce
`Sanofi
`Sephora
`Shell
`Siemens Corp.
`Steelcase
`TE Connectivity
`Under Armour
`Unilever
`Warner Music
`
`11
`
`

`

`FILED: NEW YORK COUNTY CLERK 02/08/2022 04:43 PM
`NYSCEF DOC. NO. 316
`CEI 2021
`Corporate Equality Index
`
`INDEX NO. 154010/2021
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`RECEIVED NYSCEF: 02/08/2022
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`NYSCEF DOC. NO. 316
`CEI 2021
`Findings
`
`INDEX NO. 154010/2021
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`RECEIVED NYSCEF: 02/08/2022
`
`
`
`FindingsFindings
`
`NEWS
`
`THE CORPORATE EQUALITY INDEX 2021 ASKED PARTICIPANTS A
`series of questions about LGBTQ-inclusive policies, practices and benefits.
`Those questions work to assess three categories of criteria, which are
`outlined in more detail in the Scoring Criteria section beginning on page
`30. Responses to some individual questions are reported in aggregate on
`the following pages to indicate national trends and facilitate benchmarking.
`Individual company scores based on the CEI criteria can be found online at
`www.hrc.org/cei/search.
`
`Criteria 1
`Workforce Protections
`
`(cid:79) Include sexual orientation
`(cid:79) Include gender identity
`
`Criteria 2
`Inclusive Benefits
`
`(cid:79) Spousal medical and other benefits
`(cid:79) Domestic partner medical and other benefits
`(cid:79) Transgender-inclusive health insurance
`
`Criteria 3
`Supporting an Inclusive Culture
`& Corporate Social Responsibility
`
`(cid:79) Internal education and training best practices
`(cid:79) LGBTQ employee resource group or diversity council
`(cid:79) Outreach or engagement with LGBTQ community
`(cid:79) Corporate social responsibility
`
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`FILED: NEW YORK COUNTY CLERK 02/08/2022 04:43 PM
`NYSCEF DOC. NO. 316
`CEI 2021
`Findings
`
`INDEX NO. 154010/2021
`
`RECEIVED NYSCEF: 02/08/2022
`
`Criteria 1
`Workforce Protections
`
`THE WORKFORCE PROTECTIONS CRITERIA OF THE CEI CALL FOR A WRITTEN
`employment nondiscrimination policy that includes both “sexual
`orientation” and “gender identity” across all operations. For
`companies with operations outside of the U.S., the policy must
`be extended across the global workforce. Lesbian, gay, bisexual,
`transgender and queer people continue to face discrimination in
`employment because of their sexual orientation and/or gender
`identity, creating a need for explicit nondiscrimination policies.
`
`of CEI participants (1,142 of 1,142 respondents)
`documented that they include “sexual orientation” in their
`employment nondiscrimination policy.
`
`of CEI participants (1,139 of 1,142 respondents)
`documented that they include “gender identity” in their
`employment nondiscrimination policy.
`
`Clearly enumerated nondiscrimination protections based on sexual orientation and gender
`identity are essential to LGBTQ workforce equity and inclusion. The policies help to ensure:
`(cid:79) Equal opportunity for all employees;
`(cid:79) Diverse talent acquisition and retention for broader economic growth; and,
`(cid:79) Keeping the employer apace with changing legal and public opinion landscapes.
`
`Furthermore, these policies represent minimal upfront costs and rates of litigation upon
`implementation are consistent with other protected classes.
`
`A Changing Landscape:
`Nineteen Years of Driving Adoption of Inclusive Policies
`
`(cid:81) Nondiscrimination Policy Includes Gender Identity
`(cid:81) Nondiscrimination Policy Includes Sexual Orientation
`(cid:81) Number of Participants
`
`99%
`
`100%
`
`1142
`
`99%
`
`636
`
`80%
`
`92%
`
`319
`
`5%
`
`100%
`
`(cid:559)(cid:475)
`(cid:565)(cid:2649)(cid:475)
`
`99%
`
`1200
`
`1000
`
`800
`
`600
`
`400
`
`200
`
`0
`
`2002
`
`2012
`
`2021
`
`14
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`FILED: NEW YORK COUNTY CLERK 02/08/2022 04:43 PM
`NYSCEF DOC. NO. 316
`CEI 2021
`Findings
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`INDEX NO. 154010/2021
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`RECEIVED NYSCEF: 02/08/2022
`
`The decision is huge
`news for the LGBTQ
`community and has
`implications that will
`eventually reach civil
`rights laws forbidding
`discrimination in
`education, health care,
`housing and many
`more areas of law.
`
`The U.S. Supreme
`Court Affirms LGBTQ
`Nondiscrimination
`Protections in Bostock v.
`Clayton County, Georgia
`
`ON JUNE 15, 2020, THE SUPREME COURT OF THE UNITED
`States issued a 6-3 decision confirming that discrimination on
`the basis of sexual orientation and gender identity are forms
`of “sex” discrimination and therefore are prohibited under the
`federal employment nondiscrimination law Title VII of the Civil
`Rights Act of 1964.
`
`This landmark decision stemmed from three cases: Altitude
`Express Inc. v. Zarda; Bostock v. Clayton County, Georgia;
`and R.G. & G.R. Harris Funeral Homes Inc. v. Equal
`Employment and Opportunity Commission. The first two
`cases concerned gay men who were fired because of their
`sexual orientation, and the third, a transgender woman (Aimee
`Stephens) who was fired because of her gender identity. The
`Supreme Court consolidated these cases - now known as
`Bostock v. Clayton County - and issued a single opinion in
`which it held that “an employer who fires an individual merely
`for being gay or transgender violates Title VII.”
`
`The decision is huge news for the LGBTQ community and
`has implications that will eventually reach civil rights laws
`forbidding discrimination in education, health care, housing
`and many more areas of law. It is important to note that while
`Bostock brings meaningful protections to many LGBTQ
`people, Title VII applies only to employers with 15 or more
`employees, leaving many LGBTQ workers without these
`critical protections.
`
`The Bostock Decision & the CEI
`
`While Bostock explains that discrimination on the basis of
`sex necessarily includes discrimination on the basis of sexual
`orientation and gender identity, those words are not explicitly
`enumerated. For this reason, the Corporate Equality Index
`criteria still require a company to have a nondiscrimination
`or equal employment opportunity policy that explicitly
`enumerates both “sexual orientation” and “gender identity.”
`Clearly stating sexual orientation and gender identity as
`protected characteristics remains a best practice to ensure
`employees and prospective employees, as well as managers
`and supervisors, understand the company’s commitment to
`nondiscrimination protections for LGBTQ people.
`
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`FILED: NEW YORK COUNTY CLERK 02/08/2022 04:43 PM
`NYSCEF DOC. NO. 316
`CEI 2021
`Findings
`
`INDEX NO. 154010/2021
`
`RECEIVED NYSCEF: 02/08/2022
`
`Criteria 2
`Inclusive Benefits
`
`IN THE U.S. EMPLOYER-PROVIDED HEALTH INSURANCE IS THE SINGLE LARGEST
`source of healthcare coverage. Competitive employer-provided benefits
`packages are critical to attracting and retaining talent. Widespread
`employer adoption of such packages helps to ensure that offering
`LGBTQ-inclusive benefits to employees and their families is a low-cost,
`high-return proposition for businesses. In addition, equitable benefits
`structures align with the principle of equal compensation for equal
`work. Apart from actual wages paid, benefits account on average
`for approximately 30 percent of employees’ overall compensation
`(BOL 2019). By amending their benefits structures, employers ensure
`that they extend this valuable bundle of benefits to their workforce
`equitably, irrespective of sexual orientation and gender identity.
`
`Most employers have reported an overall increase of less than 3.5 percent in total benefits
`costs when they implement partner benefits and marginal increases related to transgender-
`inclusive healthcare coverage (i.e. a fraction of a decimal point of cost calculations).
`
`The HRC Foundation rates and gives guidance on two key components of equal health
`insurance benefits:
`(cid:79) Parity between benefits available for employees’ spouses and partners; and,
`(cid:79) Affirmative transgender-inclusive healthcare benefits and removal
`of all broad exclusions to coverage across plan offerings.
`
`In addition, employers are rated on having full parity across their entire suite of benefits –
`including non-healthcare benefits such as leave, retirement and others – between spouses
`and partners.
`
`LGBTQ-inclusive benefits packages are:
`(cid:79) Necessary for talent acquisition and retention and broader economic growth;
`(cid:79) Equal compensation for equal work;
`(cid:79) Helping employers keep pace with changing legal
`landscape and workforce expectations; and,
`(cid:79) Minimal upfront costs (on average 1% increase for corporate
`employers’ overall health insurance costs).
`
`The premise of parity underlies the inclusive benefits section of the CEI criteria. In its CEI
`scoring, the HRC Foundation does not penalize an employer if a particular benefit is not
`offered to any employees but holds employers accountable to provide LGBTQ employees
`and their families with the same benefits available to other employees across available
`benefits packages. For example, where routine care, hormone therapies and medically
`necessary surgeries are available to cisgender people (people who are not transgender),
`these same healthcare