In a joint letter dated Nov. 13 to eBay's board of directors, Lander and DiNapoli asked the board to earnestly engage with the stakeholders.
"The circumstances surrounding the revision to the Human Rights Policy are unsettling and raise investor concerns about the board's commitment to human rights and its independent oversight," they wrote.
"Companies thrive when their workers are supported and respected," Lander said in the release. "The stealthy removal of the language expressly referencing fundamental freedom of workers to unionize threatens eBay's legacy and deepened our concern as shareholders. Either eBay ignored our previous concerns or responded by removing the language about respect for workers' rights and good faith bargaining without telling anybody."
In June, Lander and DiNapoli and other investors raised concerns about apparent violations of worker rights at eBay's subsidiary TCGPlayer, the online trading card marketplace.
The New York City and New York State pension funds are long-term investors in eBay, with a combined 2.5 million shares in the company valued at $111 million as of June 30, the release noted. As of June 30, both pension funds collectively held more than $500 billion in assets under management.
"When companies are accused of acting contrary to their stated principles and policies, it prompts concerns among shareholders," DiNapoli said in the release. "eBay should be working to build constructive and positive bonds with its workforce, not removing commitments to fundamental human rights."
Lander and DiNapoli have set a deadline of Dec. 4 for eBay to respond to their letter.
EBay could not be immediately reached for comment.
Lander also warned Tesla's board of directors to address antisemitic comments by CEO Elon Musk that could threaten the company.
The $248 billion New York City Employees' Retirement System, composed of five separate pension funds, holds $946 million in Tesla shares.
In a Nov. 20 letter to Tesla board Chair Robyn Denholm, Lander warned of "material negative reputational and financial effects" of Musk's antisemitic posts on X on Nov. 15 that are still active.
"Mr. Musk's activity has drawn widespread and significant condemnation," including from the White House and numerous large advertisers who pulled advertising from X, including Apple, Disney, IBM, Warner Bros, Lionsgate, Sony Pictures and Paramount, Lander wrote.
While recognizing the difficulty of a board sanctioning a CEO, Lander criticized Tesla's board for its silence, saying that it has a responsibility to shareholders to hold Musk accountable for actions when they harm the company and contravene its code of business ethics. That code's specific section for CEO and senior financial officers calls for Tesla's board of directors to determine appropriate responses to such actions including censure or termination.
A call to Tesla investor relations was not immediately returned.
