Saturday, January 11, 2025

Judge: American Airlines' ESG-Tainted 401k Breaches Fiduciary Duty To Workers

Judge: American Airlines' ESG-Tainted 401k Breaches Fiduciary Duty To Workers

BY TYLER DURDEN
SATURDAY, JAN 11, 2025 - 09:15 AM

In a major, first-of-its-kind milestone along ESG's relentless march to its grave, a federal court has ruled that American Airlines breached its duty to employees by tapping ESG-addled BlackRock to manage part of its 401(k) plan.  

"The facts here compellingly established fiduciary misconduct in the form of conflicts of interest and the failure to loyally act solely in the Plan’s best financial interests," wrote US District Judge Reed O'Connor in a ruling that followed a four-day bench trial in June 2024. That duty of loyalty is imposed by the Employee Retirement Income Security Act (ERISA).

The ruling is certain to set off alarms in general counsel offices and boardrooms across America. For starters, 401(k) plans at 60% of Fortune 100 employers contain BlackRock investments, and BlackRock manages a huge chunk of the federal government's Thrift Savings Plan. Of course, BlackRock isn't the only asset manager whose ESG problem could become an employer's problem. 

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