AFBC 2023 December 13th

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The 36th Australasian Finance and Banking Conference

(December, 13th 2023, Sydney)

Employment litigations and ESG report transparency


雇用訴訟とESGレポートの透明性

Van Hoanga , ThanhNguyenb, Marco Tedeschic , LinhPhamd


a Montpellier Business School, France

b Japan Securities Research Institute, Japan

cUniversityPolytechnique of Marche, Italy

dLakeForest College, IL, USA


Why a research about
employment litigations and ESG?
vThe last decade witnessed a significant shift in the way businesses
approach social responsibility.
vDomestic and international firms face pressure from shareholders,
local governments, international organizations, and other
stakeholders to align their strategy with ESG issues.
vFailures to meet expected ESG performance standards negatively
influence corporate reputation and profitability.
à Firm increases to communicate their sustainability initiatives via many
different channels, ex: ESG reports.
vOne might expect that this increase in ESG disclosure reduces
information asymmetries and helps investors better understand
the firms’ ESG efforts.
v But do firms make an adequate and balanced reporting of their
ESG performance?
Why a research about
employment litigations and ESG?
lIn the ESG field, social (S) aspect has been less
considered than the governance (G) and
environmental (E) aspects though it is very
important as it is directly related to human beings.
lEmployment litigations are a clear measure of the
social performance of a company.
l Employment litigation shows the degree of conflictual
relationship between employers and employees.
l Employment litigation can influence firm’s motivation to
disclose ESG information.
Empirical works so far
ØIn ESG area, most of previous studies investigated the relation
between ESG and financial performance. Several authors analyzed
the performance of ESG investing, ESG ratings, or ESG regulations
(e.g., Cornell, 2021; Avramov et al., 2022; and Singhania et al.,
2021).
ØHackett et al. (2020) is the only study that investigates the direct
link between ESG risks and employment litigations. According to
the authors, ESG related litigations have increased strongly these
later years.
ØLitigation and capital structure (Unsal, 2021): Reducing short-term
debt while increasing long-term debt.
ØLitigation and reputation (Liu et al., 2016): Reducing the
reputation of the CEO.
ØLitigation and stock performance (Zuo et al., 2022): Greater risk of
falling stock prices.
• No available research about the effects of employment litigations on
non-financial dimensions like ESG reporting transparency
Research motivation
• Few research analyze the impact of employee relations on
ESG performance and disclosure.
• This research fills the research gap by providing empirical
evidence about the correlation between employment
lawsuits at the firm level and the resulting ESG
performance and disclosure.
Research data
vWe use the data sample of American firms in the S&P
500 index.
• US have been known as the country with the highest
number of litigations.
• Employee lawsuits in the US have risen 400% in the past 20
years (Rayfield and Unsal, 2020).
• 25% of all litigations in the federal court system are related
to employment allegations (Unsal et al. ,2017). Annual
direct litigation cost of Fortune 500 companies are huge.
Research data
vWe collect data for the companies of the S&P 500 index
from 2013 to 2021, using Bloomberg terminal, including
No. of litigations that a company has in 74 litigation
categories.
vThe result novelty is its database. We must enter the
data by hand because we cannot download the historical
data for this function, and the categories of disputes are
not the same for companies
vAmong the 74 categories of litigations à the most
frequent categories of litigations: employment and
patents.
Research data
vWe used the Bloomberg ESG disclosure score to
gauge the transparency of firms’ ESG reports.
vThe score ranges from 0 to 100, with 100
representing maximum transparency.
Research data
vWe also collected ESG scores of MSCI of S&P 500
firms during the 2013-2021 period.
vBloomberg ESG score reflects ESG reporting
transparency while MSCI ESG score measure a firm’s
ESG risk management capacity.
vConcretely, MSCI ESG scores measure how well a
firm is managing ESG risks.
• The higher is the score, the better the company is
managing ESG risks and opportunities.
Theory framework
• Stakeholder theory
ü Employees are major corporate stakeholders à building good employee
relations can contribute to the firm value and vice versa.
ü The company needs to respond to requests from its stakeholders, such as
employees and investors, including requests for information.
ü Firms with poor employee relations will report less on social aspects, resulting a
lower social disclosure score

• Information asymmetry theory


ü Company management have more information than employees and investors,
including information on litigation.
àFirms with good employee relations should have few labor lawsuits, releasing
more information about their ESG activities.
àFirms facing an increase in employment litigations often disclose less
social performance information, and compensating by releasing more
governance or environmental information.
Research hypotheses
vHypothesis 1: Employment litigations and ESG disclosure
H1a. A higher number of employment litigations is associated with a lower
social disclosure score.
H1b. A higher number of employment litigations is associated with a higher
governance disclosure score.
H1c. A higher number of employment litigations is associated with a higher
environmental disclosure score.

vHypothesis 2: Employment litigations and ESG performance


H2a. A higher number of employment litigations is associated with a lower
MSCI social score
H2b. A higher number of employment litigations is associated with a higher
MSCI governance score.
H2c. A higher number of employment litigations is associated with a higher
MSCI environmental score.
Methodology framework
uBaseline regression:

uEmpirical results are obtained via panel data regressions,


either fixed or random effects; reverse causality
regression and several sensitivity analyses.
Results 1: Baseline model
Results 2: Reverse causality
regression
Robustness check 1: Size-adjusted
number of employment litigations
Robustness check 1: Lagged-1 values
of the number of employment
litigations
Robustness check 2: with CSR variables
Robustness check 2: with governance
variables
Robustness check 3: Sub-samples
Light vs. Heavy Industries

§ Light industries include Consumer Discretionary, Consumer Staples,


Healthcare, Financials, Information Technology, Communication
Services, and Real Estates.
§ Heavy industries include the Energy, Materials, Industrials, and Utilities
sectors.
Robustness check 3: Sub-samples
Conclusion (1)
1. Empirical results show that employment
litigations have a negative effect on both the
social disclosure and social risk management
scores.
2. Effect of employment litigations on the
environmental and governance pillars is positive.
Conclusion (2)
3. Corporate leverage, governance, CSR engagement,
and institutional ownership, moderate the
relationship between employment litigations and
ESG scores.
4. Heavy-industry firms have a different behavior
compared to those in light industries.
Research implication (1)
1. Employee relations play a significant role in
determining firm-level ESG performance, which
implies the role of employees as one of the most
important stakeholders in corporate governance.
2. The results of this study emphasize the necessity of
giving more attention to the social aspect of ESG, a
sector often overlooked compared to environmental
and governance factors.
Research implication (2)
3. This research promotes the creation of a social
taxonomy to complement the existing
environmental taxonomy. A social taxonomy would
assist financial entities in directing capital toward
firms meeting social standards and producing
beneficial social impacts for employees and other
stakeholders.
4. It also indicates the need for including additional
social metrics, such as the number of employment
litigations, in the ESG landscape.
Thank you for your attentions!

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