Apple 2022 Shareholder Resolution Speech
Watch Kristin present to Apple's Board and Shareholders on the issue of Forced Arbitration.
Hello, I am Dr. Kristin Hull, Founder and CEO of Nia Impact Capital. I formally move Proposal Ten. This resolution requests that Apple’s Board of Directors prepare a public report assessing the potential risks to the company associated with its use of concealment clauses.
Concealment clauses are any employment or post-employment contract where Apple restricts its employees or contractors from speaking about their experiences of harassment, discrimination or other unlawful acts.
NDAs make sense when we need to protect intellectual property or competitively sensitive information. They do not, however, make sense for cases of harassment or discrimination as they mask issues from other employees and investors.
Apple’s statement of opposition indicates that it prohibits the use of concealment clauses. However, This may not be an accurate portrayal, as a former Apple employee has come forward, stating that she was indeed asked to sign an NDA.
It is unclear if the Board knew of this situation. What is clear is that unexpected public revelations from employees, and the use of concealment clauses themselves, cause significant risk –legal and legislative risk, risk to Apple’s brand, and risk to its relationship with current and potential employees.
Apple leads the world in innovation. We expect Apple to also lead when it comes to creating a positive and inclusive workplace, free and clear of discrimination, and void of any clauses prohibiting employees from speaking out.
We believe that Apple would be best served by standardized language in all relevant contracts that make clear employees’ ability to speak to their own experiences is not restricted. Barring this, we ask that the Board demonstrate an understanding of the extent to which Apple uses concealment clauses and risks that these clauses pose.