Business
How Companies Like J&J, Live Nation and Uber Retreating From DEI Programs
Household-name companies, like Walmart and Meta, have scaled back diversity, equity and inclusion goals in recent months. These brands are part of a widespread retreat happening across corporate America, according to a New York Times analysis of annual financial filings. It has been as noticeable among tech giants as among drug makers, concert promoters and nearly every sector of the U.S. economy.
So far this year the number of companies in the S&P 500 that used the language “diversity, equity and inclusion” in these filings has fallen by nearly 60 percent from 2024.
Source: Securities and Exchange Commission
The Companies That Mentioned ‘Diversity, Equity and Inclusion’ Each Year
Seventy-eight percent of companies — 297 out of the 381 that have filed their reports so far this year — continue to discuss various diversity and related initiatives, according to the Times analysis, which examined a decade of financial filings known as 10-Ks that public companies submit each year to the Securities and Exchange Commission.
But many of them have softened or shifted previous language, by removing the word “equity,” for example, or emphasizing “belonging” rather than D.E.I.
Major corporations began to shy away from taking strong stances on D.E.I. before President Trump re-entered office, but the trend accelerated rapidly after.
These filings aren’t the only reflection of what companies are doing, or declining to do, to promote diversity, equity and inclusion — but they offer one view of changing stances in the words of the companies themselves. Plenty of language in these filings changes from year to year, though the Times analysis focused specifically on language about D.E.I.
In some ways, the shift reflects a pattern of companies chasing what seems most socially and politically expedient. After the killing of George Floyd in May 2020 and the Black Lives Matter protests that followed, many companies denounced racial injustice.
By 2022, over 90 percent of the S&P 500 had language about D.E.I. in their annual filings. Uber, for example, “committed to becoming an anti-racist company.” Best Buy wrote in a quarterly regulatory filing that “in the wake of George Floyd’s death” the company would strive to “address racial inequities.”
By 2024, the social pressure had started to reverse — “critical race theory” was labeled by some senators as “activist indoctrination,” and many states took steps to restrict D.E.I. programs at universities. This backlash was accelerated by a Supreme Court decision in 2023 that struck down affirmative action in college admissions. While that decision was not directed at corporations, some law firms began to face lawsuits over fellowships that were open only to marginalized groups, and other employers started to pay more attention.
Mr. Trump then took direct aim at corporations. Soon after his inauguration in January, he issued an executive order that instructed federal agencies to investigate “illegal D.E.I.” in the private sector. He changed the staffing and leadership of the Equal Employment Opportunity Commission, which enforces the country’s anti-discrimination laws, putting in place an acting chair who said her priorities included “rooting out unlawful D.E.I.-motivated race and sex discrimination.”
Lawyers who have been helping companies navigate the new legal landscape said that some executives were worried about public disclosures on diversity efforts. Company leaders might want to keep their diversity initiatives in place, but realize that describing D.E.I. goals in public documents, like 10-Ks, could prompt scrutiny or government investigation. So some have found ways to hedge or otherwise tweak the language they use to make it more vague.
Used the same language about employee resource groups from 2021 to 2024.
Added in 2025
Dow’s 10 ERGs represent a workforce rich in diversity of thought, perspectives and backgrounds
Used language about historically black colleges and universities from 2021 to 2024.
Added in 2025
We take action to improve the hiring, retention and promotion of a more diverse workforce that reflects Adobe’s global footprint. We invest in partnerships and events to grow our pipeline and engage candidates across underrepresented communities.
Dow Chemical and Adobe did not reply to requests for comment on the shift in language in their annual reports.
“You don’t want to provide a road map for critics to look into what you’re up to,” said Jon Solorzano, a partner at the law firm Vinson & Elkins who counsels companies on governance issues, including D.E.I. “Talking about it externally is now viewed as a riskier proposition, while continuing to talk about it internally is maybe less risky.”
Because executives were preparing their 10-K reports right as Mr. Trump took office, Mr. Solorzano noted, they were able to move quickly to drop public disclosures on D.E.I., though actually unwinding the programs will take more time. “There’s an annual review of 10-Ks, and the annual review happened to coincide with new fears,” he added.
Other D.E.I. experts noted that some companies are shying away from the term “equity” because it tends to attract more scrutiny than “diversity” or “inclusion.”
“The E in D.E.I. is the real problematic one,” said Musa Al-Gharbi, a sociologist and an assistant professor at Stony Brook University who has written extensively on diversity programs. “To actually achieve equity often requires policies that are alienating to a lot of stakeholders.”
Used the same D.E.I. language from 2021 to 2024.
Added in 2025
we focus on a culture that values all employees
Used the same D.E.I. language between 2021 and 2024.
Added in 2025
underpinning these focus areas are ongoing efforts to cultivate and foster a culture built on innovation, health, well-being and safety, inclusion and belonging where the company’s employees are encouraged to succeed both professionally and personally while helping the company achieve its business goals
Vertex Pharmaceuticals did not reply to a request for comment on the shift in its 10-K language on D.E.I. It still has a page on its website on the topic, something that other companies have also maintained — even as they have softened the language on it in their annual regulatory disclosures.
In a statement, a Johnson & Johnson spokeswoman said the company “has always been and will continue to be compliant with all applicable legal requirements and remains dedicated to the values in our credo.”
Given the mounting pressures from the Trump administration, it is perhaps surprising that hundreds of companies have maintained D.E.I. language in their 10-Ks this year. Delta Air Lines wrote: “Our commitment to diversity, equity and inclusion is critical to effective human capital management.” Arthur J. Gallagher & Company, the insurance brokerage, reported the share of its employees and managers who are “racially/ethnically diverse.”
(The New York Times, which is not in the S&P 500, shortened the section on diversity in its 10-K this year. Danielle Rhoades Ha, a spokeswoman for The Times, said: “We still have the same diversity and inclusion-related programs that we did last year.” She added: “Specific language in 10-Ks changes year to year.”)
Still, the pendulum is swinging away from D.E.I., many corporate lawyers say, and the momentum can be hard to resist. Companies often tend to follow the crowd, whether that means adopting a certain approach to management (think “agile”), a popular strategy on innovation (like “design thinking”) or a job title that many of their peers are suddenly adding (“chief of staff”).
But fads often have shallow roots, and companies might drop that practice as soon as it opens them to social critique or legal scrutiny.
“Companies will adopt these fads and fashions, and they’ll do it for legitimacy and reputation management purposes and never fully adopt it,” said Ranjay Gulati, a Harvard Business School professor. “Then it’s a self-fulfilling prophecy, because it doesn’t achieve their business goals so it goes out of fashion and they dump it.”
2021
In July 2020, we publicly committed to becoming an anti-racist company
2022
In July 2020, we announced 14 commitments to becoming a more anti-racist company
2023
In July 2020, we announced commitments to becoming a more anti-racist company
2021
The Company believes that diversity and inclusion is central to high employee engagement.
2022
The Company believes that diversity, equity and inclusion (“DE&I”) is central to high employee engagement.
2023
The Company believes that diversity, equity and inclusion (“DE&I”) is central to high employee engagement.
2024
The Company believes that diversity, equity and inclusion (“DE&I”) is central to high employee engagement.
2021
In July 2020, in response to events in the U.S. and around the world that sparked overdue reflection on racism and discrimination in our societies, we announced ambitious goals to strengthen the company’s diversity from the top down that we will strive to obtain by the end of 2025
2022
We remain committed to reaching the ambitious goals we set to strengthen the company’s diversity from the top down
2023
We remain committed to reaching the ambitious goals we set to strengthen the company’s diversity from the top down
2024
We remain committed to making continuous progress toward our ambitious representation goals — to strengthen the company’s diversity from the top down
DuPont declined to comment and Uber did not reply to a request for comment.
A spokesperson for Live Nation wrote in a statement: “While the legal landscape may be evolving, our commitment to inclusivity and Taking Care of Our Own will always remain at our core.” Some of Live Nation’s previously announced diversity goals stated 2025 as the target year to reach them, and previous 10-K documents had said the company was making progress toward achieving them.
An additional factor in the pullback, lawyers say, is some executives’ realizing that they might have set goals in 2020 or 2021 that they cannot achieve without aggressive D.E.I. efforts that might be targeted with lawsuits or investigations in the coming months.
Since President Trump took office, the E.E.O.C. has made clear that it intends to investigate what it sees as D.E.I. overreach, which could include specific targets for hiring employees of underrepresented groups, or executive bonuses tied to meeting those goals.
“Some goals based on race and gender that were set during the Biden administration were not reflective of availability in the work force, potentially operating more like a quota than a good faith placement goal,” said Craig E. Leen, a partner in the employment practice at the law firm K&L Gates. “Some employers are realizing that the goals are not attainable in a legal manner and are therefore resetting expectations.”
To some D.E.I. proponents, the speed of the reversal has underscored the shallowness of some of the initial commitments. “As you’re seeing companies pull back from these commitments, a lot of people are questioning how credible those commitments were in the first place,” Mr. Solorzano of Vinson & Elkins said.
Methodology
The New York Times analyzed a decade of 10-Ks for companies currently in the S&P 500, totaling 25,000 documents. The Times included companies that had submitted an annual report in 2025 as of March 8, which totaled 381 companies. Using custom code, The Times processed the filings with a combination of keyword searches and artificial intelligence tools to identify paragraphs related to diversity, equity and inclusion. Journalists manually reviewed the results to ensure the accuracy of the A.I. classifications.
Business
Commentary: Trump is demanding a 10% cap on credit card interest. Here’s why that’s a lousy idea
A few days ago, President Trump staked a claim to the “affordability” issue by demanding that banks cap their credit card interest rates at 10% for one year.
Actually, Trump announced that in effect he had imposed the cap, a claim that some news organizations accepted as gospel.
So let’s dispose of that misconception right off: Trump has zero power to cap interest rates on credit cards. Only Congress can do so.
The idea of a 10% rate cap has all the seriousness of bread-and-circuses governance.
— Adam Levitin, Georgetown Law
More to the point, his proposal, announced via a post on his TruthSocial platform, is a terrible idea. It’s half-baked at best, and harbors unintended consequences by the carload — so much, in fact, that the putative savings that ordinary households could see from the rate reduction might be diluted, or even reversed, by the drawbacks.
Still, the idea has so much consumerist appeal that it placed Trump in accord with some of his most obdurate critics, such as Sen. Elizabeth Warren (D-Mass.), who has been pressing to place limits on bank fees for years. Warren said she and Trump had a phone conversation in which they seemed to have talked companionably about the issue.
Trump’s announcement did have the salutary effect of placing the issue of financial services costs on the front burner, after its having languished for years. But it obscured the immense complexities of making any such change.
“Certainly this demonstrates a populist streak on both sides of the aisle,” says Adam Rust, director of financial services at the Consumer Federation of America. “But you can’t just write a tweet and upend a huge market.”
The market for credit cards is indeed huge. As of 2024, credit card debt in the U.S. exceeded $1.21 trillion. This is the most profitable line of business for many banks, producing $120 billion in interest income and $162 billion in fees, chiefly those the card issuers impose on merchants.
“Almost 30% of that is pure profit,” reported Brian Shearer of Vanderbilt University, a former official at the Consumer Financial Protection Bureau, in a 2025 study.
So it should come as no surprise that the entire banking industry has circled the wagons against a cap on credit card interest rates, especially one as stringent as 10%. On Jan. 9, the very day of Trump’s announcement, five leading bank lobbying organizations issued a joint statement asserting that a 10% cap would be “devastating for millions of American families and small business owners who rely on and value their credit cards, the very consumers this proposal intends to help.”
Among its drawbacks, the statement said, “this cap would only drive consumers toward less regulated, more costly alternatives.”
It’s tempting to dismiss the statement as the normal grousing of a big industry about a government regulation. Banks have acquired a certain reputation for profiteering from customers, especially less well-heeled customers, and playing fast and loose with the facts about their costs and profits. But the truth is that on this topic, they have a point.
Let’s take a look, starting with some basic facts — and misconceptions — about credit cards.
The credit card market is heterogeneous, segmented by income and more importantly by credit score. Those with the highest FICO scores typically get the lowest interest rates, but are also more inclined to pay off their balances every month without incurring any fees, even as their average balances are the highest.
About 40% of all users, including many with middling credit scores, pay off their balances monthly but use their cards for convenience, to access fraud protections provided by credit cards but not by other forms of credit, and to garner card rewards.
Interest fees aren’t the issuers’ sole source of revenue. Most revenue comes at the other end of the transaction, in interchange or “swipe” fees paid by merchants.
That’s why card issuers still cherish high-income transactors and shower them with rewards — the monthly balances of users in the 760-to-840 FICO score range vastly exceed those of other users, indicating that they’re generating correspondingly more in interchange fees from the merchants they patronize.
The average interest rate on credit cards reached 25.2% last year, according to a December report by the Consumer Financial Protection Bureau. It has steadily increased since 2022, mostly because of an increase in the prime rate, the benchmark for card issuers.
How did it get so high? Blame the Supreme Court, which in 1978 undermined state usury laws by ruling that banks could charge customers the usury rate of their home state rather than the rate in the customer’s state. That’s why your credit card may be “issued” by a bank subsidiary in Utah, South Dakota or Delaware, which have lax usury limits. The solution would be enactment of a nationwide usury limit, but that falls entirely within congressional authority.
So what would happen if Congress did place a limit on the maximum credit card interest rate — if not 10%, then 15% or 18%, as has been proposed in the past? Shearer contends that banks make such fat profits from credit card users at every FICO level that they could still earn healthy returns even at a 15% cap. Shearer estimated that a cap of 15% would produce more than $48 billion in annual customer savings “coming almost entirely out of bank profits.”
Other analysts are not so sanguine. “There is no free lunch here,” argues Adam Levitin, a credit market expert at Georgetown law school. Levitin argues that while issuer profits are large, their margins are not so large. He calculates that a 10% cap would make the general credit card business unprofitable, because there wouldn’t be enough headroom over the benchmark prime rate (currently 6.75%) to cover administrative costs and other overhead.
Issuers don’t have many options to preserve their profitability. So they’re likely to respond by shutting the door on low-income and low-FICO customers and ratcheting back credit limits.
“The effects will be devastating,” Levitin says. “Families that need the short-term float or the ability to pay back purchases over several months won’t have it. How will they pay for a new water heater when the old one goes out and they don’t have $3,000 sitting around?”
Many will be forced to resort to other short-term unsecured lenders — payday lenders, buy-now-pay-later firms and others that don’t offer the consumer protections of credit cards and would be exempt from the interest cap on credit cards.
“The idea of a 10% rate cap,” Levitin says, “has all the seriousness of bread-and-circuses governance.”
The availability of credit from alternative consumer lenders that don’t offer the statutory protections mandated for credit cards concerns consumer advocates.
A hard cap on interest rates “could create a sharp contraction in the kind of credit available in the marketplace,” says Delicia Hand of Consumer Reports. “It sounds good, but there could be unintended consequences, especially if you don’t think about what fills the gap,”
Alternative products aren’t regulated as stringently as credit cards. “Direct-to-consumer products can layer subscription fees, expedited access fees, and ‘voluntary’ tips in combinations that produce effective annual percentage rates ranging from under 100% to well over 300% — and in some documented cases, exceeding 1,000% when annualized for frequent users,” Hand said in remarks prepared for delivery Tuesday to the House Committee on Financial Services.
If an interest rate cap is too tight, all but the highest-rated customers might face higher annual fees and stingier rewards. Issuers are likely to squeeze merchants too. Big businesses — think Costco and Amazon — might be able to negotiate swipe fees down and eat the remainder instead of passing them through to consumers. But small neighborhood merchants might refuse to accept credit cards for purchases below a certain amount, or add a swipe fee surcharge to customers’ bills.
Other complexities bedevil proposals like Trump’s, or for that matter bills introduced last year in the Senate by Bernie Sanders (I-Vt.) and Josh Hawley (R-Mo.) and in the House by Reps. Alexandria Ocasio-Cortez (D-N.Y.) and Anna Paulina Luna (R-Fla.), capping rates at 10% for five years. Those measures have the virtue of simplicity — they’re only three pages long — but the drawback, also, of simplicity.
Among the open questions, Levitin observes, are whether the 10% cap would apply to all balances or just to purchases. If the former, it remakes credit cards into tools for “low-cost leverage for cryptocurrency speculation and sports betting,” because in today’s interest rate environment it’s cheap money.
Trump’s announcement, in particular, displays all the drawbacks of insufficient cogitation characteristic of so many of his ventures. Published on Jan. 9, it called for the cap to be implemented on Jan. 20, the anniversary of his inauguration: a mere 11 days to implement a change in a $1.21-trillion market with potential ramifications on a dizzying scale.
Since he doesn’t have the authority to mandate the cap by executive order, he’s in effect calling for the banks to make the change voluntarily. Given the impact on their profits, on the gonna-happen scale, that’s a “not.”
Adding to the sour ironies of this effort, Trump’s far-right budget director, Russell Vought, has been pursuing a vicious campaign to destroy the agency with statutory authority over the consumer lending industry, the CFPB — of which Trump appointed Vought acting director.
Vought also rescinded a Biden-era CFPB rule reducing credit card late fees to no more than $8 from as much as $41—further undermining Trump’s attempt to pose as a friend of the credit card customer.
Consumer advocates are pleased that the debate over card fees has placed financial services costs squarely in the “affordability” debate, where they belong.
There’s no question that capping card interest rates at some level could bring savings to consumers to maintain monthly balances — “revolvers,” in industry parlance. “It could be worth several bags of groceries a month, or a tank of gas,” Rust conjectures — “significant savings for millions of people.”
The challenge is finding “where the right level is, balancing risk and availability,” he told me. “That’s not clear at the moment.”
Business
Disneyland Park attendance reaches 900 million over 70 years in business
Disneyland, the iconic tourist destination that transformed the entertainment landscape in Southern California, has reached a new milestone: 900 million people have visited the park since its opening in 1955.
The latest attendance figure was described in a new documentary called “Disneyland Handcrafted,” chronicling the creation of the theme park. The film, which includes footage from the Walt Disney Archives, will stream on Disney+.
In 2024 — the most recent year data was available — Disneyland’s attendance ticked up 0.5% to 17.3 million, according to a report from the Themed Entertainment Assn. Like many other theme parks, Disney does not release internal attendance figures.
Walt Disney Co.’s theme parks, cruise ships and vacation resorts have been a key economic driver for the Burbank media and entertainment company.
Last year, almost 57% of the company’s operating income was generated by the tourism and leisure segment, known as Disney’s “experiences” business. That sector reported revenue of $36.2 billion for fiscal year 2025, a 6% bump compared to the previous year. Operating income increased 8% to nearly $10 billion.
Disney has said it will invest $60 billion into its experiences segment, underscoring the importance of that business to the company. At Disneyland Resort in Anaheim, that could mean at least $1.9 billion of development on projects including an expansion of the Avengers Campus and a “Coco”-themed boat ride at Disney California Adventure, as well as an “Avatar”-inspired area.
Over its 70 years, Disneyland has undergone many changes and expansions. Though some of its original attractions still exist, including Peter Pan’s Flight, Dumbo the Flying Elephant and the Mark Twain Riverboat, the park has evolved to align more with its Hollywood cinematic properties and expanded in 2019 to include a “Star Wars”-themed land.
Business
How bits of Apple history can be yours
In March 1976, Apple cofounders Steve Jobs and Steve Wozniak both signed a $500 check weeks before the official creation of a California company that would transform personal computing and become a global powerhouse.
Now that historic Wells Fargo check could be sold for $500,000 at an auction that ends on Jan. 29. The sale, run by RR Auction, includes some of Apple’s early items and childhood belongings of Jobs, Apple’s cofounder and chief executive, who died in 2011 at 56, after battling pancreatic cancer.
Since its founding, the Cupertino tech giant has attracted millions of fans who buy its laptops, smartphones, headphones and smart watches. The auction gives the adoring public a chance to own part of the company’s history ahead of Apple’s 50th anniversary in April.
Apple’s first check from March 1976 predates the company’s official founding in April 1976. It also includes the signatures of Steve Jobs and Steve Wozniak.
(RR Auction)
“Without a doubt, check number one is the most important piece of paper in Apple’s history,” said Corey Cohen, a computer historian and Apple-1 expert, in a video about the item. At the time, Apple’s cofounders, he added, were “putting everything on the line.”
Cohen said he’s known of a governor, entrepreneurs, award-winning filmmakers and musicians who own rare Apple collectibles. Jobs is a “cult of personality,” and people collect items tied to the tech mogul.
“This is a very important collection that’s being sold because there are a lot of personal items, a lot of things that weren’t generally available to the public before, because these things are coming right out of Jobs’ home,” he said in an interview.
RR Auction said it couldn’t share the names of the consignors on the check and some of the other auction items.
As of Monday, bids on the check surpassed $200,000. Jobs typically didn’t sign autographs, so owning a document bearing his signature is rare.
Other items up for auction include Apple’s March 1976 Wells Fargo account statement — the company’s first financial document — and an Apple-1 computer prototype board used to validate Apple’s first computer.
The auction features a variety of memorabilia, including vintage Apple posters, Apple rainbow glasses, letters, magazines, older Apple computers, and other historic items.
Apple didn’t respond to a request for comment.
Some of Jobs’ personal items came from his stepbrother, John Chovanec, who had preserved them for decades.
The items provide “a rare view” into Jobs’ “private world and formative years outside Apple’s corporate narrative,” a news release about the auction said.
Jobs’ bedroom desk from his family’s Los Altos home, which housed a garage where Apple-1 computers were put together, is also up for sale.
Papers from Jobs’ years before Apple are inside the desk and the highest bid on that item has surpassed $44,000.
A bedroom desk that belonged to late Apple cofounder Steve Jobs provides a glimpse into his early years before he created the tech company.
(RR Auction)
Bids on an Apple business card on which Jobs writes “Hi, I’m back” in black ink to his father reached more than $22,200. The card features Apple’s colorful logo alongside Jobs’ title as chairman, a role he returned to in 2011, according to the auction site.
Other items include 8-track tapes that featured music from artists such as Bob Dylan. Bids on a 1977 vintage poster featuring a red Apple that hung in Jobs family’s living room top $16,600, the auction site shows.
While Jobs is known for donning a black turtleneck, he also wore bow ties during high school and at Apple’s early events.
A collection of bow ties that belonged to late Apple co-founder Steve Jobs.
(RR Auction)
Some of Jobs’ bow ties have sold for thousands of dollars at other auctions.
Last year, a pink-and-green striped bow tie he wore when introducing the Macintosh computer in 1984 sold for more than $35,000 at a Julien’s Auctions event that highlighted technology and history.
The items on RR Auction feature colorful clip-on bow ties from Jobs’ bedroom closet.
“This brief fashion phase contrasted sharply with the minimalist black turtleneck and jeans that would later define his public image,” a description of the item states. “The shift reflected Jobs’ evolution from an ambitious young innovator to a visionary with a distinct and enduring personal brand.”
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