What will be the impact of the ESG ruling on other major airlines' 401(k) plans by the end of 2025?
Adopt stricter regulations • 25%
No significant changes • 25%
Adopt more ESG-friendly practices • 25%
Other outcomes • 25%
Official announcements from major airlines and industry reports
American Airlines Violated Federal Law by Prioritizing ESG in $26 Billion 401(k) Plan, Judge Rules
Jan 10, 2025, 10:14 PM
American Airlines Inc. was found to have violated federal law by prioritizing environmental, social, and governance (ESG) investment goals in its $26 billion 401(k) plan, according to a ruling by U.S. District Judge Reed O’Connor in Texas. The judge determined that the airline breached its fiduciary duty of loyalty under the Employee Retirement Income Security Act (ERISA) by allowing its plan to be influenced by corporate goals unrelated to the financial interests of its employees. The lawsuit, brought by former pilot Bryan Spence on behalf of over 100,000 plan participants, highlighted American's use of BlackRock Inc. as an asset manager, which pursued ESG goals through proxy voting and shareholder activism. While the airline was found to have acted disloyally, it was not found to have breached its duty of prudence, as its actions were in line with prevailing industry standards.
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Government wins • 25%
Southwest wins • 25%
Settlement • 25%
Dismissal • 25%
Worsened on-time performance • 25%
No change in performance • 25%
Improved on-time performance • 25%
Data not available • 25%
Increase • 25%
Decrease by up to 10% • 25%
Decrease by more than 10% • 25%
No significant change • 25%
Southwest settles • 25%
Lawsuit dismissed • 25%
Southwest loses • 25%
Southwest wins • 25%
Other • 25%
No action taken • 25%
Fines imposed • 25%
Policy changes mandated • 25%
No legal action taken • 25%
Court ruling in favor of Jeju Air • 25%
Court ruling in favor of families • 25%
Settlement reached • 25%
Boeing found not guilty • 25%
Case unresolved • 25%
Boeing found guilty • 25%
Settlement reached • 25%
Settlement reached • 25%
Liable with maximum penalty • 25%
Liable with reduced penalty • 25%
Not liable • 25%
Decrease in ESG focus • 25%
Other strategic shifts • 25%
No significant change • 25%
Increase in ESG focus • 25%
No • 50%
Yes • 50%
No • 50%
Yes • 50%
Switch to another firm • 33%
Retain BlackRock without changes • 34%
Retain BlackRock with changes • 33%