Einde inhoudsopgave
Female representation at the corporate top (IVOR nr. 126) 2022/4.5.2
4.5.2 Analysis of the findings of the Nyenrode Study II
dr. mr. R.A. van ’t Foort-Diepeveen, datum 13-05-2022
- Datum
13-05-2022
- Auteur
dr. mr. R.A. van ’t Foort-Diepeveen
- JCDI
JCDI:ADS659247:1
- Vakgebied(en)
Ondernemingsrecht (V)
Ondernemingsrecht / Corporate governance
Voetnoten
Voetnoten
Nyenrode Business Universiteit, Corporate Governance in Nederland, 2015, p. 73.
Monitoring Committee Corporate Governance Code, Monitoring report on the 2014 financial year, 2016a, p. 36.
Nyenrode Business Universiteit, Corporate Governance in Nederland, 2015, p. 74.
Nyenrode Business Universiteit, Corporate Governance in Nederland, 2015, p. 77.
Nyenrode Business Universiteit, Corporate Governance in Nederland, 2015, p. 79-80.
Nyenrode Business Universiteit, Corporate Governance in Nederland, 2015, p. 81.
Monitoring Committee Corporate Governance Code, Monitoring report on the 2014 financial year, 2016a, p. 11 and 36.
Monitoring Committee Corporate Governance Code, Monitoring report on the 2014 financial year, 2016a, p. 37.
In 2015, the Committee requested Nyenrode again to focus on the diversity policy as part of the specific subjects study. In particular, the Committee was interested in learning which measures a company has taken to promote diversity and how effective those measures turned out to have been.1 Furthermore, the Committee expressly stated its interest that: ‘the Committee wants to gain a better understanding of how companies define diversity’.2
The main questions that the Committee assigned Nyenrode to explore in the Nyenrode Study II regarding the specific topic of diversity, were:
which diversity aspects are part of a company’s diversity policy;
which measures have companies taken in the last two years to enhance the diversity in the top level of the company; and
were the measures for the achievement of the diversity policy effective?
As described in Section 4.4.2, in the Nyenrode Study II, the respondents were not obliged to complete the questions relating to the specific subjects study. Hence, the specific subjects questions were not answered by all respondents. With regard to each question, we will detail how many respondents answered the question.
1. First research question
In order to explore which diversity aspects are part of a company’s diversity policy, a question was included in the survey asking whether the following aspects were part of the company’s diversity policy: gender, age, nationality, expertise, independence and experience. For every diversity aspect, the respondents could indicate whether the specific diversity aspect was part of the company’s diversity policy. The results of this question are represented in Table 4.5.
Table 4.5 Responses of the companies regarding the various diversity aspects
Diversity aspect
Respondents and no. of respondents
No.
To a limited extent
Yes
Total respondents to this question
Gender
5 (7%)
17 (24%)
50 (69%)
72
Age
17 (24%)
22 (31%)
33 (46%)
72
Nationality
22 (31%)
15 (21%)
35 (49%)
72
Expertise
0
0
72 (100%)
72
Independence
3 (4%)
6 (8%)
63 (88%)
72
Experience
0
2 (3%)
70 (97%)
72
Table 4.5 shows that all respondents conveyed that expertise is part of their company’s diversity policy (100 percent). A large majority of the respondents also stated that the topics of independence and experience are included in their company’s policy (respectively; 88 percent and 97 percent). Nationality and age were subjects that were mentioned less often: only less than half of the respondents have included these aspects in their diversity policies (respectively: 49 percent and 46 percent). With regard to gender, almost 70 percent of respondents answered that gender is part of their diversity policy. These results could imply that it is more obvious for companies to focus on expertise, independence and experience rather than focusing on gender, age and nationality.3
2. Second research question
As the Committee concluded in its Committee Report I that companies have to interpret diversity in a broader sense than only gender diversity, the Committee was interested to find out which diversity measures companies had taken to enhance diversity. In order to address the second research question, the following question was included in the survey: which measures has the company taken in the last two years, to enhance the diversity in the top level of the company? The companies could provide multiple answers, with a maximum of three measures. The responses varied from no measures up to three measures per company. In total, 171 measures were mentioned by 72 respondents. We categorized the answers into eight categories of measures, reflected in Table 4.6.
Out of these 171 measures, 110 measures (171 minus 61 vague responses/no answers) reflected interesting measures that were taken to enhance the diversity within a company. The measures that were mentioned most often were measures falling in category 4, i.e., ‘certain diversity aspects have been made part of the policy of the company by integrating these diversity aspects in the policy agenda, diversity goals, codes of conduct and/or diversity programs’. These answers provide a valuable insight into the specific measures taken by Dutch listed companies to enhance diversity within the company, whereby some measures can be considered more concrete than others.4
3. Third research question
In order to assess the third research question, i.e., were the measures for the achievement of the diversity policy effective, we included three topical questions in the survey. The first question that was posed was: to which results have the measures for the achievement of the diversity policy led? In total, 78 results were mentioned by 66 respondents. We categorized the answers into five categories of measures, reflected in Table 4.7.
Clearly, the responses in category 2 were not formulated in such a way that conclusions could be drawn. In regard to the responses in the categories 1, 3 or 4, it can be concluded that these companies indicated that they were able to improve diversity in the top level of the company.
Table 4.6 Measures that companies have taken to enhance diversity
Category
Description
No. of respondents that mentioned this measure
1
Specific search: particular diversity aspects, mainly with regard to gender, are included explicitly in one or more searches for the filling of a vacancy
27
2
With the appointment of a new board member, supervisory board member or higher management, the company has chosen somebody who could contribute to the diversity policy positively, for instance, because this person is a woman or because this person has another nationality
21
3
Creating new positions. These measures could consist of not reappointing the existing board members or supervisory board members, or creating new positions in the board(s)
8
4
Certain diversity aspects have been made part of the policy of the company by integrating these diversity aspects in the policy agenda, diversity goals, codes of conduct and/or diversity programs
30
5
The diversity aspects have been included in the profile of the supervisory board or the profile of the supervisory board has been more accentuated
17
6
Measures with regard to complying with the statutory 30 percent rule
6
7
Measuring diversity within the company
1
8
Vague responses/no answers
61
Total no. of measures that were mentioned
171
Table 4.7 Measures aimed at achieving the diversity policy
Category
Description
No. of times the result was mentioned
1
Change in the amount/percentages of the diversity. Although most companies neither specified which diversity aspect increased nor did the companies give specific numbers
11
2
Rate of the diversity: 18 companies mentioned their diversity rates in the board of directors and supervisory board. Most companies, however, did not indicate whether the rate was enhanced or reduced in comparison with the year before or the period in which the measure was introduced
18
3
Appointment of new directors: some companies responded that diversity has been enhanced in relation to (mostly) gender, age and nationality due to the appointment of new (female) directors in 2014, or appointments which will become effective in 2015
17
4
Reference was made to the statutory 30 percent requirement whereby companies declared whether or not this requirement was met
7
5
Companies explained that no results were produced or gave vague answers
25
Total no. of results that were mentioned
78
As a follow-up to this question, respondents were asked what the most effective measure was for the company. This question was answered by 62 respondents. The 62 respondents mentioned in total 79 measures as their most effective measure. The answers to this question are summarized in Table 4.8.5
Table 4.8 Most effective measure(s) for improving diversity
What is, for your company, the most effective measure that can (help to) improve the diversity in the top level of the company?
No. of times the measure was mentioned as the most effective one
1. Specific search
10
2. Appointment of new directors
7
3. Creating (new) board position(s)
1
4. Specific policy and goals on diversity
21
5. Adapt/accentuate the profile of the supervisory board
7
6. Application of the 30 percent-30 percent statutory provision
5
7. Vague/no answers
18
8. Role models within the company
4
9. Current regime of the Code
1
10. Task of the management
5
Total no. of effective measures that were mentioned
79
The answers to this question did not differ much from the answers to the question of which measures companies have taken during the last two years to improve diversity in the top level of their company (Table 4.6). Some answers are worth highlighting; they reveal best corporate practices in that they create a structural change within the company in stimulating more diversity. Among them are: ‘creating a talent pool’, ‘offer coaches to talents’, ‘a concrete diversity plan’, ‘the introduction of talent programs’ and ‘talent reviews’. These measures are categorized in category 4: ‘Specific policy and goals on diversity’.
Figure 4.2 combines measures applied by Dutch listed companies during the last two years and their perceived effectiveness, i.e., according to the respondents. We conclude that adopting a specific policy and goals aimed at increasing the diversity of the top of the company was perceived by the respondents as the most effective measure. Specific searches and new appointments came in second and third place respectively. The 30 percent statutory provision was not perceived to be very effective (6 percent).
Figure 4.2 Corporate perceptions for effective strategies to increase gender diversity
Referring to the previous question, i.e., what is, for your company, the most effective measure that can (help to) improve the diversity of the top level of the company, the respondents were asked to explain their answers to this question. We asked respondents why they considered such a measure to be the most effective for achieving the diversity policy. This question was answered by 60 respondents, who mentioned in total 69 arguments (see Table 4.9).
Table 4.9 Arguments for considering measures effective for the achieve ment of diversity policy
Why do you consider this measure the most effective measure for achieving the diversity policy?
No. of times the argument was used
1. Role models
3
2. Task of the management/tone at the top/including in profile of the board/supervisory board
11
3. Practical measures that have a direct effect, e.g., recruitment and selection/implementing diversity through appointments, measuring and monitoring diversity and setting concrete goals
6
4. Statutory norms and the Code
5
5. Vague/no answers
24
6. Business case - economic arguments
8
7. Talent pool and talent programs
12
Total no. of arguments on why the measure is effective
69
The large variation in the responses made it hard to categorize them. Some respondents considered role models as the most effective measure, because they considered that diversity at the top level of the company opens up the path to diversity in the organization (category 1). The effectiveness of the statutory 30 percent rule was also mentioned several times as the most effective measure, as well as the Code, because legislation is perceived to provide for ‘hard standards and obligations’ (category 4). Others emphasized the importance of diversity as a subject on the management agenda (category 2). Several respondents pointed out that actually recruiting and appointing women at top levels gives a clear signal to the whole organization that women indeed get the opportunity to develop themselves and can reach the top of this company (category 3). Other respondents explained that they look for the best person for the job instead of looking only along the lines of diversity criteria.6
The Committee Report II
With regard to the respondents’ compliance in the financial year of 2014, the Committee followed the findings of the Nyenrode researchers and reiterated in its Committee’s Report II - in a similar way as in the Committee Report I - that diversity should be interpreted broadly: not only in terms of gender, but also other diversity aspects should be taken into account, such as age, nationality, expertise, independence and earlier experience. The Committee concluded that companies consider expertise, experience and independence as the leading aspects of their diversity policies. Another aspect that has been taken into account is gender, but nationality and age were mentioned less often.7 The Committee concluded that companies have become conscious of the importance of diversity, but noted that companies are to ensure that measures taken lead to concrete results.8