Disability:IN and the American Association of People with Disabilities Say Nasdaq’s New Board Diversity Reporting Rule Is a Missed Opportunity for People with Disabilities

Decision signals to corporate America that people with disabilities don’t count in diversity metrics, while institutional investors and more than 200 civil rights groups advocated for disability inclusion

WASHINGTON--()--Disability:IN, the global organization driving disability inclusion and equality in business, and the American Association of People with Disabilities (AAPD), are deeply disappointed that today, the U.S. Securities and Exchange Commission (SEC) declined to recommend that Nasdaq include people with disabilities in a proposed rule, Release No. 34-90574, that requires U.S.-listed companies to meet certain diversity objectives and report on the composition of their boards of directors. Disability:IN believes that Nasdaq missed an important opportunity to demonstrate to corporate America that people with disabilities matter in diversity metrics and that disability disclosure is a material issue for investors.

Disability:IN, the American Association of People with Disabilities, institutional investors and more than 200 leading civil rights organizations strongly advocated for the inclusion of people with disabilities in the proposed rule, which in its current form includes women, racial and ethnic minorities, and LGBTQ+.

“The disability community comprises 1.3 billion people worldwide, including nearly 33 million working-age Americans, and should be included in corporate diversity initiatives and in the national conversation around diversity and equality. We repeatedly engaged Nasdaq and the SEC to make the case that people with disabilities are a marginalized minority group akin to women, racial and ethnic minorities, and LGBTQ+. While these populations were rightfully included, people with disabilities were wrongly left out,” stated Ted Kennedy, Jr., Co-Chair, Disability Equality Index, a joint initiative by Disability:IN and AAPD. “By omitting people with disabilities, Nasdaq sends the message to corporate America that people with disabilities don’t count in diversity metrics—in sharp contrast to the increasing number of civil rights organizations, CEOs, companies, institutional investors, and shareholders who say it does matter.”

In February, Disability:IN and AAPD issued a letter to the SEC as well as to Nasdaq CEO Adena Friedman regarding the omission of people with disabilities in their board diversity proposal. New York State Comptroller Thomas P. DiNapoli also submitted a letter to the SEC. Disability:IN and AAPD submitted a subsequent letter to the SEC outlining how there is economic evidence, investor interest, benefits to corporate culture, similar existing regulation, and ease of compliance for including people with disabilities in the definition. The letter has a strong focus on how the inclusion aids investors.

Additionally, the Leadership Conference on Civil and Human Rights, a coalition of more than 200 civil and human rights organizations, wrote a letter to the SEC, and Nasdaq received a joint letter from the National LGBT Chamber of Commerce, National Veteran-Owned Business Association, US Black Chamber, United States Hispanic Chamber of Commerce, US Pan Asian American Chamber of Commerce, Women Impacting Public Policy, and Out & Equal, voicing their support for disability inclusion in the Nasdaq initiative.

“In July, we celebrated the 31st anniversary of the Americans with Disabilities Act (ADA), the civil rights law recognizing people with disabilities as a discrete minority population that has been subjected to discrimination and denied access to employment based on myths, fears, and stereotypes—leading to extreme economic and social inequality,” said Jill Houghton, President and CEO, Disability:IN. “The ADA defines disability as physical or mental impairment that substantially limits one or more major life activities for an individual. It is these very experiences that make people with disabilities vital assets to corporate boards: Boards govern better when members can lend their diverse abilities and perspectives. In fact, disability is the very definition of diversity, as it does not discriminate on the basis of sex, race, ethnicity, gender, gender identity or expression, sexual orientation, age, or nationality.”

More than 65 CEOs have signed the Disability:IN CEO Letter on Disability Inclusion, citing independent analysis from an Accenture report, “Getting to Equal: The Disability Inclusion Advantage,” that companies that are more inclusive of persons with disabilities create more profit and long-term value. Over a four-year period, these companies reported 28% higher revenue, double the net income, and 30% higher profit margins as well as higher total shareholder returns.

Disability:IN will continue to work with the Nasdaq, SEC and other exchanges and organizations on future initiatives that impact board diversity in a positive manner. Advocating on behalf of the one billion people with disabilities, alongside 280 corporate partners and many allies, is at the heart of the organization’s objective to build a global inclusive economy.

About Disability:IN®

Disability:IN is a global organization driving disability inclusion and equality in business. More than 280 corporations trust Disability:IN to activate and achieve disability inclusion across their enterprise and in the broader corporate mainstream. Through the world’s most comprehensive disability inclusion benchmarking; best-in-class conferences and programs; and expert counsel and engagement, Disability:IN works with leading businesses to create long-term business and societal impact. Join us at disabilityin.org/AreYouIN #AreYouIN

About the American Association of People with Disabilities (AAPD)

AAPD is a convener, connector, and catalyst for change, increasing the political and economic power for people with disabilities. As a national cross-disability rights organization AAPD advocates for full civil rights for the 50+ million Americans with disabilities. Learn more at aapd.com.

Contacts

Paul Siebold, Archie Group
paul.siebold@archiegroup.com
Phone: 917-626-3014

Release Summary

Nasdaq’s new board diversity reporting rule signals to corporate America that people with disabilities don’t count in diversity metrics

Contacts

Paul Siebold, Archie Group
paul.siebold@archiegroup.com
Phone: 917-626-3014