View Wendy's letter
View the non-discrimination policy

City Comptroller William C. Thompson, Jr., on behalf of the New York City Pension Funds, today announced that Wendy's International, Inc. has agreed to strengthen policies prohibiting discrimination based on sexual orientation and gender identity.

Wendy's of Dublin , OH , notified the Comptroller that it will amend its equal employment opportunity policy and revise its anti-harassment policy "to specifically provide that discrimination and harassment on the basis of sexual orientation and gender identity is prohibited."

"We also will agree to revise and update, as necessary, our training programs to ensure those programs adequately inform our employees and management that our revised policies specifically prohibit discrimination and harassment on the basis of sexual orientation and gender identity," read the letter from Leon M. McCorkle, Wendy's Executive Vice President, General Counsel and Secretary.

The announcement comes after the New York City Employees' Retirement Fund (NYCERS), Teachers' Retirement System (TRS) for the City of New York, New York City Police Pension Fund, New York City Fire Department Pension Fund, and Board of Education Retirement System (BERS) filed a shareholder resolution urging Wendy's to bar discrimination based on sexual orientation and gender identity.

"Wendy's International has shown that it values its employees," Thompson said. "This decision represents a victory for the City and for everyone who is part of the struggle to advance equality for the LGBT community. My office has now withdrawn the City's shareholder resolution, and will follow up with Wendy's in the coming weeks and months to ensure compliance."

"We at NYCERS are working hard to persuade companies like Wendy's to ban discrimination based on sexual orientation and gender identity," said New York City Public Advocate and NYCERS Trustee Betsy Gotbaum. "Companies that follow fair labor and hiring practices are not only doing the right thing for their employees but also providing a better long-term investment for their shareholders.  Once again, NYCERS is leading the way in shareholder activism and ensuring that members get the best possible return on their money."

The Pension Funds have 296,252 shares of Wendy's valued at more than $17.2 million.

Over the last two years, the Funds have urged several companies, including Wendy's, to adhere to the Equality Principles, a 10-point code of conduct aimed at advancing workplace equality by barring discrimination based on sexual orientation and gender identity.

To date, Toys 'R' Us of Wayne, N.J., the Cerner Corporation of Kansas City , MO , GenCorp of Rancho Cordova, CA, DTE Energy of Detroit, MI, and Oneok, Inc. of Tulsa , OK , have all agreed to do so.

Wendy's commitment in its March 8, 2006 letter did not include any reference to the Equality Principles. However, the company committed to keep the Comptroller "apprised of its efforts with respect to, and development of, full implementation of the Company's proposed EEO and anti-harassment policies."

The Comptroller plans to monitor Wendy's to ensure that "the development of" and "full implementation" of the "gender identity" policy incorporates the Equality Principles.

Besides Thompson, the trustees on the Pension Funds are:

New York City Fire Department Pension Fund: Mayor Michael Bloomberg; New York City Fire Commissioner Nicholas Scoppetta (Chair); New York City Finance Commissioner Martha E. Stark; Stephen Cassidy, President, James Slevin, Vice President, Robert Straub, Treasurer, and John Kelly, Brooklyn Representative and Chair, Uniformed Firefighters Association of Greater New York; Peter Gorman, President and Captains' Rep., Nicholas J. Visconti, Chiefs' Rep., and Stephen J. Carbone, Lieutenants' Rep., Uniformed Fire Officers Association; and, Joseph Gagliardi, Marine Engineers Association.

New York City Police Pension Fund are: Mayor Michael Bloomberg; New York City Finance Commissioner Martha E. Stark; New York City Police Commissioner Raymond Kelly (Chair); Patrick Lynch, Patrolmen's Benevolent Association; Michael Palladino, Detectives Endowment Association; Edward Mullins, Sergeants Benevolent Association; Anthony Garvey, Lieutenants Benevolent Association; and, John Driscoll, Captains Endowment Association.

New York City Employees' Retirement System: New York City Finance Commissioner Martha E. Stark (Chair); New York City Public Advocate Betsy Gotbaum; Borough Presidents Scott Stringer (Manhattan), Helen Marshall (Queens), Marty Markowitz (Brooklyn), Adolfo Carrion (Bronx), and James Molinaro (Staten Island); Lillian Roberts, Executive Director, District Council 37, AFSCME; Roger Toussaint, President Transport Workers Union Local 100; and, Carroll (Carl) Haynes, President, International Brotherhood of Teamsters, Local 237.

Teachers' Retirement System of the City of New York : New York City Finance Commissioner Martha E. Stark (Chair); Deputy Chancellor Kathleen Grimm, New York City Department of Education; and, Sandra March, Melvyn Aaronson and Mona Romain, all of the United Federation of Teachers.

New York City Board of Education Retirement System: Mayoral appointees Schools Chancellor Joel Klein, Alan Aviles, Philip Berry, David Chang, Tino Hernandez, Augusta Souza Kappner, Richard Menschel and Marita Regan; Borough President appointees, Martine G. Guerrier (Brooklyn), Vivian Farmery (Manhattan), Michael Flowers (Queens), and Joan Correale (Staten Island); and employee members Thomas J. Malanga of the International Union of Operating Engineers, Local 891 , and Milagros Rodriguez of District Council 37, Local 372.

  You can view the resolution and Wendy's letter at www.comptroller.nyc.gov .