Resolved clauseRESOLVED: Shareholders request the board of directors issue a report by Dec. 31, 2024 about compensation and health
benefit gaps, which should include how they address dysphoria and de-transitioning care across gender classifications,
including associated reputational, competitive, operational and litigative risks, and risks related to recruiting and retaining
diverse talent. The report should be prepared at reasonable cost, omitting proprietary and private information, litigation
strategy and legal compliance information.
1 https://www.employer.gov/Employmentlssues/pay-and-benefits/Equal-pay/.
2 https://www.eeoc.gov/prohibited-employment-policiespractices.
3 https://stories.pepsicojobs.com/blog/2022/03/30/transgender-visibility/.
4 https://www.pepsico.com/our-stories/story/how-pepsico-drives-a-culture-of-inclusion-for-lgbtq-associates.
5 https://www.foxnews.com/politics/crenshaw-grills-dem-witness-faiIure-name-one-study-citing-benefits-surgeries-trans-kids.
6 https://www.wsj.com/articles/second-thoughts-on-gender-affirming-care-american-academy-pediatrics-doctors-review-medicine-a7173276
7 https://www.wsj.com/articles/u-s-becomes-transgender-care-outlier-as-more-in-europe-urge-caution-6c70b5e0.
8 https://www.dailymail.co.uk/health/article-11629421/Half-trans-surgery-patients-suffer-extreme-pain-sexual-issues-years-later.html.
9 https://www.dailymail.co.uk/femail/article-12250695/1-trans-surgery-woman-19-four-years-later-Im-man.html
10 https://thefederalist.com/2023/02/10/detransitioners-are-being-abandoned-by-medical-professionals-who-devastated-their-bodies-and-minds/
11 https://public.substack.com/p/why-this-detransitioner-is-suing.
12 https://www.dailymail.co.uk/news/article-12310887/Young-North-Carolina-woman-sues-doctors-testosterone-age-17-saying-needed-therapy-notdouble-mastectomy-latest-blockbuster-detransition-lawsuit.html
13 https://www.hrc.org/resources/myths-and-facts-battling-disinformation-about-transgender-rights
Whereas clauseWHEREAS: Compensation and benefits inequities persist across employee gender categories, and pose substantial risk to
companies and society at large.
The United States Department of Labor states that Òequal payÓ is required if persons of different genders Òperform equal work in
the same workplace,Ó and that Òall forms of compensation are covered, meaning not only pay, but also benefits.Ó1 The U.S. Equal
Employment Opportunity Commission adds:2
It is illegal for an employer to discriminate against an employee in the payment of wages or employee benefits on the bases of race, color,
religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information.
Employee benefits include sick and vacation leave, insurance, access to overtime as well as overtime pay, and retirement programs.
Supporting statementSUPPORTING STATEMENT: PepsiCo, Inc. (ÒCompanyÓ) provides health benefits to employees who suffer gender dysphoria/
confusion, and who seek medical, chemical, and/or surgical treatments to aid their ÒtransitionÓ to their non-biological sex.3
The
Company boasts about its 100 percent score on the Human Rights CampaignÕs Corporate Equality Index and HRCÕs designation
as a ÒBest Places to Work for LGBT Equality,Ó and has Òmade a series of benefit coverage enhancements that align with the
clinical guidelines outlined in the World Professional Association of Transgender Health Standards of Care.Ó4
Company policy affirms it is possible for dysphoria sufferers to transition to a different sex. Yet an increasing body of scientific
evidence shows no benefits result from such medical treatments.5 In the United States and Europe, the medical community is
increasingly cautious about transitioning therapies.6 7
Victims report transition treatments and surgeries are harmful. Examples include long-lasting or permanent outcomes
like chronic pain, sexual dysfunction, unwanted hair loss or hair gain, menstrual irregularities, urinary problems, and other
complications.8 Rather than resolve health problems, Ògender affirmingÓ therapies instead often exacerbate them.9 In such
instances, those who desire to ÒdetransitionÓ cannot find medical care or insurance coverage, and are permanently mutilated.10
Many of these sufferers litigate against those who misled and/or harmed them.11 12
HRC contemplates no accommodations for detransitioners or restorative health care for such individuals - instead, it denies
there is need for such care.13 Hence, the CEI-perfect Company appears to offer no such insurance coverage in its employee
benefits - only for so-called Ògender-affirming care.Ó Detransitioners are protected under Ògender identityÓ and Òsexual
orientationÓ EEOC categories and therefore cannot be discriminated against.
Filed by National Legal Policy Center