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Corporate Giants Abandon Board Diversity Mandates, Reshaping Governance

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American Express, Deere & Company, and Johnson & Johnson have formally abandoned specific board diversity requirements previously mandated for director selection. This strategic pivot follows intense pressure from conservative shareholder activists, notably the National Legal and Policy Center (NLPC), which argues such policies prioritize identity over merit. The NLPC, a nonprofit focused on corporate integrity, has been a primary driver of these governance changes through targeted shareholder proposals.

American Express entered a formal agreement with the NLPC in October to modify its board selection language, while Deere amended its bylaws after the NLPC filed a proposal seeking the removal of diversity-based benchmarks. This retreat reflects a broader trend within the financial and industrial sectors to mitigate legal and political risks, with Goldman Sachs reportedly considering similar governance changes as the regulatory environment evolves. The strategic withdrawal gained momentum following executive orders aimed at eliminating what the current administration describes as 'illegal DEI', as legal challenges to these directives continue to fail in federal courts.