Wells Fargo ends mandatory arbitration for sexual harassment claims

Wells Fargo ends mandatory arbitration for sexual harassment claims
The change follows discussions with stakeholders and a shareholder proposal last year on the practice from Clean Yield Asset Management
FEB 12, 2020

Wells Fargo & Co. said it will no longer require arbitration when an employee files a sexual harassment complaint.

The change, which applies to future harassment claims, is being made following discussions with stakeholders including Clean Yield Asset Management, which submitted a shareholder proposal late last year that focused on the practice, Wells Fargo said in a statement Wednesday. Clean Yield, which focuses on investments that reflect clients’ values, has since withdrawn the proposal.

“Wells Fargo has zero tolerance for sexual harassment,” David Galloreese, head of human resources, wrote in an article for the company’s websites. “We believe that this is the appropriate change to make at this time for our employees. The treatment of sexual harassment claims has become an increasingly prominent issue across industries.”

A global reckoning about sexual harassment has been unleashed in the #MeToo era, with forced arbitration coming under scrutiny for being one of many tools companies use to keep complaints from coming to light. While firms claim the process saves money, a 2015 study found employees prevail only about a third as often in mandatory arbitration as in federal courts, and get less money in damages. The system can also cover up misconduct from repeat offenders.

While several tech giants, including Google and Facebook, have done away with the clause in the past few years, the process remains widespread on Wall Street, which pioneered it decades ago. One woman at Cantor Fitzgerald has been engaged in a years-long battle with the brokerage firm to get her claims heard in open court.

At Wells Fargo, the mandatory arbitration policy applied to employees hired since late 2015, according to the statement.

The bank, which is trying to regain customer trust and mend ties with regulators and elected officials following years of scandals, is instituting a series of reforms under new CEO Charlie Scharf. On Tuesday, he announced an overhaul that includes breaking the firm’s main businesses into smaller fiefdoms and bringing in Mike Weinbach, a former JPMorgan Chase & Co. executive, to run a new consumer-lending division.

Latest News

Merrill lands four advisor teams as May recruiting data shows firm's two-way churn
Merrill lands four advisor teams as May recruiting data shows firm's two-way churn

Merrill's latest hires span Colorado to Louisiana, even as industry-wide recruiting data suggests the firm is losing almost as many advisors as it gains.

Fund manager sues Kandeo, alleges $100 million FinSocial loss
Fund manager sues Kandeo, alleges $100 million FinSocial loss

The $36 million buy allegedly hid inflated books and a $50 million diversion.

Advisor gets $200,000 from Ameriprise in 'emotional distress' lawsuit
Advisor gets $200,000 from Ameriprise in 'emotional distress' lawsuit

“An award citing emotional distress is very unusual,” an industry executive said.

Workplace financial education linked to stronger financial habits, but participation remains low
Workplace financial education linked to stronger financial habits, but participation remains low

New EBRI research found workers who participated in employer financial education reported higher confidence, literacy and financial satisfaction.

The rise of the super advisor: How AI is redefining competitive advantage in wealth management
The rise of the super advisor: How AI is redefining competitive advantage in wealth management

Beyond operational excellence, the winning advisors of the future are the ones who can reach across multiple disciplines without discarding specialist skills.

SPONSORED Direct indexing webinar targets tax-loss harvesting amid market swings

Northern Trust’s Ken Lassner shows advisors how to convert volatility into after-tax portfolio gains

SPONSORED Who builds the income when the pension disappears?

Dan Biagini of American Equity says the steady decline of pensions, longer lifespans and a reset in interest rates are rewriting how advisors build retirement income