Legal action taken against SEC and Kroger for alleged political discrimination and blocking ESG proposal.

America First Legal (AFL) has filed a legal action against the Securities and Exchange Commission (SEC) for allegedly ignoring Kroger shareholders who tried to protect employees from discrimination based on political ideology. AFL joined the Boyden Gray & Associates in filing a petition in the U.S. Court of Appeals for the Fifth Circuit on behalf of the National Center for Public Policy Research (NCPPR) and two individual shareholders in the grocery retail giant. The foundation alleges the SEC is itself engaging in viewpoint discrimination by allowing proposals against discrimination such as sexual orientation and gender identity, while not carving out protections based on political viewpoints.