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A State-by-State Update on Progress Cities Enact Civil Rights Protections for their Employees General Electric, American Airlines & others Add Benefits |
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By Kim I. Mills and Daryl Herrschaft
The Human Rights Campaign General Electric to Add Sexual Orientation to Non-Discrimination Policy
General Electric has agreed to amend its non-discrimination
policy to include sexual orientation. The move, announced March 22 by the
Pride Foundation of Seattle and the Equality Project of New York, came in
response to a shareholder resolution jointly sponsored by Pride Foundation
and sculptor Marianne Weil.
"By adding the words 'sexual orientation' to its non-discrimination policy, GE has sent a signal that it truly values its gay and lesbian employees and is committed to treating them fairly," said Human Rights Campaign Education Director Kim I. Mills, who oversees WorkNet, HRC's workplace project. "Having an explicit policy like this is critical because there is no federal law protecting people from job discrimination based on sexual orientation. In 39 states, it is perfectly legal to fire someone just for being gay." General Electric, based in Fairfield, Conn., joins a growing list of global businesses - including more than half of the Fortune 500 companies - that specifically prohibit discrimination based on sexual orientation. At No. 5 on the Fortune 500, GE is the world's third most valuable company as measured by market capitalization. "In so many ways, GE sets the standard for global businesses," said Ted Lord, Pride Foundation's executive director. "Every GE employee - regardless of title or stature - will acknowledge policies that now explicitly bar discrimination based on sexual orientation. GE will also incorporate sexual orientation topics into its diversity training." Diane Bratcher, president of the Equality Project, a coalition of lesbian and gay shareholders coordinating shareholder advocacy at GE and five other U.S. companies this year, stated: "We are only now beginning to realize the untapped power of lesbian and gay shareholders. We are opening boardroom doors to change policies that will guarantee equal opportunity regardless of sexual orientation." McDonald's Corp. agreed last year to amend its non-discrimination policy rather than face a shareholder initiative from the Pride Foundation. Also last year, the same advocates brought a similar initiative to the Exxon shareholder meeting. In December, Exxon merged with Mobil and nullified Mobil's non-discrimination policy covering sexual orientation. "Unfortunately, the Exxon Corp. - now ExxonMobil - has not seen fit to extend the same policy of fairness to its gay and lesbian employees," Mills said. ExxonMobil is slated to face another shareholder proxy at its meeting Judges Rule Title VII Covers Discrimination Based on Gender Identity
The judges relied on a 1989 U.S. Supreme Court ruling - which said using sexual stereotypes about gender roles in making employment decision was a violation of Title VII of the Civil Rights Act--to rule that gender identity is also covered by Title VII. They further ruled that the Violence Against Women Act also outlaws violence based on gender identity. The court's decision is unlikely to affect discrimination cases involving gender identity as its opinion only applies to Western states under its jurisdiction and is subject to review by the full Court of Appeals and the Supreme Court. Further, the 9th Circuit is the most frequently reversed circuit in cases going to the Supreme Court. Davenport, Iowa Becomes Fourth Iowa City To Enact Civil Rights Protections The Davenport City Council voted 7-3 March 1 to prohibit discrimination based on sexual orientation in matters of employment, housing, public accommodations and credit. Davenport joins Ames, Cedar Rapids and Iowa City in banning this form of discrimination. Opponents of the law said they planned to launch a petition drive that would demand a public referendum. Atlanta City Council Bans Gender Identity Discrimination The City Council voted March 6 to add "gender identity" as a protected category to the city's employment non-discrimination policy. The policy already bans discrimination in city employment based on marital status, national origin, race, religion, sex and sexual orientation. The measure was introduced on Jan. 18 by Councilman Michael Bond and was co-sponsored by all other councilmembers except Jim Maddox, who was not present at the meeting. Connecticut State Employees Win Domestic Partner Coverage
To qualify for the benefits, employees must sign an affidavit declaring that they are in a long-term relationship that they expect to last indefinitely. They also must demonstrate evidence of mutual dependence, such as joint financial obligations or proof of a common household. Only a small number of Connecticut's 50,000 public employees are expected to take advantage of the new policy. In Vermont, only 48 of 7,800 state employees have signed up their same-sex domestic partners for benefits. In Connecticut, the new policy is estimated to cost the state about 0.5 percent of the state's health care budget, or $1.3 million to $1.5 million. It also assumes that approximately 1 percent of state employees will sign up their partners. Connecticut becomes the fifth state to offer benefits to the domestic partners of state workers. The others are New York, California, Vermont and Oregon. American Airlines' Domestic Partner Benefits Plan Opens American Airlines, the first major U.S. carrier to implement domestic partner benefits for its gay and lesbian employees, reported steady interest in its initial open enrollment period, which ended March 15. To be eligible for American's new program, employees and their partners must be the same sex, reside together in a spouse-like relationship for at least six consecutive months, be 18 years or older and agree to marry if marriage becomes a legal option. Employees are required to submit a Declaration of Domestic Partnership and provide other proof of their committed relationship, including a joint lease or designations of their partner as power of attorney. Employees entering into a new partnership after the enrollment period ends will still be able to register for the benefits due to a "life event" change. Members of American's GLBT employee group, GLEAM, worked closely with American's human resources department in crafting the policy now in place. "They did a lot of homework," said Wes Friedman, treasurer of GLEAM. "We were the second pair of eyes." "I need to give a lot of credit to American. They went through every policy and wherever they found 'spouse' they changed it to include 'domestic partner,' when legally possible," Friedman added. Meanwhile, Continental Airlines announced March 24 that it had reached agreement on a new contract with the International Association of Machinists & Aerospace Workers - representing its 8,500 flight attendants - that includes a new provision extending insurance coverage to same-sex domestic partners. But it remained unclear if the benefits would be extended to the full workforce. "Whether or not these programs are going to be extended to the rest of our employee workforce is yet to be determined," Sarah Anthony, spokeswoman for Continental, told WorkAlert. "We will take a look at it, but no decision has been made yet." Employees at United Airlines and U.S. Airways, the two other major carriers that have announced their intentions to provide similar coverage, indicated that policies would be in place by this spring. Christian Coalition Litigators Sue Cambridge, Massachusetts The Christian Coalition has sued the city of Cambridge, Mass., claiming that its policy of allowing employees' domestic partners to obtain health insurance coverage is illegal and unconstitutional. "The ordinance is both legally and morally wrong. ... This legal action is necessary to defend marriage and the family," said Vincent P. McCarthy, Northeast counsel for the Virginia-based American Center for Law and Justice, late last month. In July, the state Supreme Judicial Court struck down an executive order issued by Boston Mayor Thomas M. Menino that was intended to give health insurance coverage to gay partners of Boston city workers. The ACLJ--which litigates for the Christian Coalition-- assisted the Catholic Action League in that case and predicted another legal victory against Cambridge. It also said it planned to file a suit against the city of Springfield. The Catholic Action League is also involved in the Cambridge case. Michael Gardner, Cambridge's personnel director, who administers the benefits, said he felt the ordinance was both legal and constitutional. "It was our view that we should continue to follow the ordinance passed by our legislative body," he told The Associated Press. The law firm, which brought the suit on behalf of 12 Cambridge residents, attacked the ordinance on a number of legal fronts, including one that succeeded in the Supreme Judicial Court last year. It had ruled that the Boston executive order was inconsistent with a decades-old state law that granted cities the authority to provide health insurance to workers, their spouses and dependents. Gary Buseck, executive director of Gay and Lesbian Advocates and Defenders, said he would be happy if Cambridge fought the case vigorously. But he also called on the Legislature to pass a bill designed to grant cities and towns the power to extend the benefits if they chose. The bill has passed the Senate but was pending in the House, he said. "The Legislature can put an end to all of this and make sure cities and towns have an option of extending health insurance to all their employees," Buseck said. Judge Limits Reach of County's Civil Rights Law in Kentucky A judge has ruled that Jefferson County's ordinance prohibiting discrimination based on sexual orientation in housing, public accommodations and employment does not apply to Louisville or any of the other 90 municipalities in the county. The judge's March 10 ruling means that only unincorporated areas of Jefferson County are covered by the law. In addition, Louisville residents are covered only by protections in employment gained under a city measure passed last year. A federal lawsuit by the American Center for Law and Justice has also been filed against both the city and the county ordinance. Signature Drive Fails in Montgomery County, Maryland The Montgomery County Elections Office announced March 2 that a petition drive to place its county employees' domestic partner benefits plan up for a public referendum failed to collect the required number of signatures. Without enough signatures to force a vote on the issue, the legislation took effect immediately. The petition needed 21,291 valid signatures to place the issue on the November ballot. Organizers fell 1,380 signature short. "I have been confident all along in the fair-mindedness of Montgomery County voters, "said Derick Berlage, sponsor of the Domestic Partner Law. "In adopting this legislation, we are demonstrating our commitment to combating discrimination in the County's workforce," said County Executive Douglas M. Duncan. "Providing these benefits to our employees is the equitable thing to do." Employers that recently announced domestic partner benefits: American Academy of Pediatrics, Elk Grove Village, Ill.; Andersen Consulting, New York; Applied Materials, Santa Clara, Calif.; Cummins Engine Co., Columbus, Ind.; University of Miami, Miami |
