SHRM 2011: Same-Sex Marriage - We're Not In Iowa Anymore

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SHRM 2011: Same-Sex Marriage - We're Not In Iowa Anymore

  1. 1. Same-Sex Marriage:We’re Not in Iowa AnymoreThe State of LGBT Workplace Issues in the U.S.
  2. 2. #lgbt, #ssm, #shrm11@samirluther
  3. 3. Survey• Company size• Health benefits – Same-sex partner health benefits? – Fully-insured / self-insured?• Non-discrimination policy – Sexual orientation? – Gender identity / expression? – Marital status?• In a state with same-sex relationship recognition?
  4. 4. http://www.census.gov/prod/cen2010/briefs/c2010br-01.pdf
  5. 5. Same-Sex Relationship Recognitionhttp://hrc.org/state_laws
  6. 6. New York• Number of Americans living in states with marriage for same-sex couples more than doubled: from 16 million to 35 million.• First legislature to pass marriage outright – not civil unions or partnerships• Next three years: – 21,309 gay and lesbian couples from New York – another 45,000 from surrounding states
  7. 7. Same-Sex Marriage Prohibitionshttp://hrc.org/state_laws
  8. 8. LGBT Worker Protectionshttp://hrc.org/state_laws
  9. 9. Federal Government - Civilian It is the policy of the Federal Government to treat all of its employees with dignity and respect and to provide a workplace that is free from discrimination whether that discrimination is based on race, color, religion, sex (including gender identity or pregnancy), national origin, disability, political affiliation, marital status, membership in an employee organization, age, sexual orientation, or other non-merit factors. Agencies should review their anti-discrimination policies to ensure that they afford a non-discriminatory working environment to employees irrespective of their gender identity or perceived gender non-conformity.http://www.opm.gov/diversity/Transgender/Guidance.asp
  10. 10. Marital Status Worker Protections
  11. 11. At the end of the day… Your workers define/prioritize theirrelationships for themselves and to respect your employees is to respect their relationships. partner/spouse children foster children parents primary caregiving recipient
  12. 12. Impact of Marriage on Employers• Eligibility for health / other benefits – Documentation requirements – Qualifying event for enrollment – Taxation of employer contributions to coverage• Workplace climate – – Tense conversations: marriage bans on the ballot (e.g., Prop 8), marriage equality passes - people are going to talk about it – Do your workers bring their families to work? (literally / figuratively)
  13. 13. What Are Relevant Laws• State – Constitutional amendments / laws prohibiting marriage (mini-DOMAs) – Laws granting relationship recognition – Regulations on insurance plans• Federal – Defense of Marriage Act (DOMA) – Employment Retiree Income Security Act (ERISA)
  14. 14. Benefits• Enrollment and benefits materials have an inclusive definition of spouse (explicit or not) • All of your benefits!• Enrollment forms use “Spouse 1” “Spouse 2” language• Track dependent status of employee’s spouse for income tax reporting – will vary between state and federal taxes http://dbm.maryland.gov/benefits/Documents/HBForms/AffidavitSpousa EligibilityTaxStatus.pdf• Equal documentation and burden of proof• Date the state begins recognizing marriage is a qualifying event for already-married same-sex spouses
  15. 15. http://dbm.maryland.gov/benefits/Documents/HBForms/AffidavitSpousaEligibilityTaxStatus.pdf
  16. 16. Marriage Prohibition State• Offer partner benefits• Allow workers to enroll same-sex spouse with no additional burden of proof than the valid marriage license• Track dependent status of employee’s same- sex spouse/partner http://www.hrc.org/issues/domestic_partner_tax_dependent .htm
  17. 17. Insurance Options small employers large employers Employer is the Fully- Self- consumer & insurer Insured Insured (ERISA-regulated, (primarily state- exempt from stateEmployer regulated) regulations) is theconsumer “commercial” health insurance employer self-funds, insurance co. may act purchased on the market from an as third party administrator (TPA) or 18 insurance provider administrative services only (ASO)
  18. 18. Fortune-Ranked Businesses - 2010 97%Sexual OrientationGender Identity 85% 83%Partner BenefitsTransgender-Inclusive Benefits 69% 69% 59% 40% 41% 25% 22% 7% 3% FORTUNE 1000 FORTUNE 500 FORTUNE 100
  19. 19. Study: Nearly half of college-educated gay Americans are in the closet at work By Liz Goodwin Tue Jun 21, 9:08 am ET A new study by the Center for Work-Life Policy think tank has found that 48 percent of college-educated lesbian and gay Americans hide their sexual orientation at work. About a third of them are leading "double lives," the report says-- staying in the closet at the office while being "out" in their personal lives.http://news.yahoo.com/s/yblog_thelookout/20110621/us_yblog_thelooko
  20. 20. Degrees of Openness at Workwww.hrc.org/degreesofequality
  21. 21. Water Cooler Conversationshttp://hrc.org/degreesofequality
  22. 22. Reasons for Not Being Openhttp://hrc.org/degreesofequality
  23. 23. Effects of Climatehttp://hrc.org/degreesofequality
  24. 24. “Its not just the policies, but also how welltheyre communicated. What we found is thatpeople arent always sure that they have thesepolicies or what it means, both gay andstraight.”—Karen Sumberg, Center for Work-Life Policy
  25. 25. Existing Policies Have Limited Reachhttp://hrc.org/degreesofequality
  26. 26. Standard Engagement Measures Not Enoughhttp://hrc.org/degreesofequality
  27. 27. How LGBT Employees Deal with Anti- LGBT Commentshttp://hrc.org/degreesofequality
  28. 28. Transgender Workers Report… • Double the rate of unemployment • 47% experienced adverse job action – being fired, not hired, or denied promotion • 26% lost a job and 50% were harassedhttp://transequality.org/PDFs/NTDS_Exec_Summary.pdf
  29. 29. Workplace Equality Internal• non-discrimination Practices • marketing/• partner benefits philanthropy • education & • recruiting• transgender training benefits • legislative • employee group • LGBT retention Policies & metrics External Benefits Practices
  30. 30. Workplace Equality: PoliciesPolicies & • add “sexual orientation” & “gender identity orBenefits expression” to • non-discrimination • non-discrimination/ equal employment • partner benefits opportunity policy • transgender • harassment policy benefits • add employees’ partners as eligible dependents • remove discrimination for transgender care &Internal treatmentPracticesExternalPractices
  31. 31. Total Workplace EqualityPolicies & • diversity/compliance training on sexualBenefits orientation & gender identity or expression • ongoing for supervisorsInternal • employee groupPractices • feedback on internal/ external programs • education & • self-identification programs training • engagement surveys • employee group • employee records • retention • retention programs • professional development/leadershipExternal • mentoringPractices
  32. 32. Total Workplace EqualityPolicies & • marketing to the LGBT communityBenefits • LGBT-related content • LGBT media outletsInternal • sponsoring LGBT organizations, professionalPractices associations and events • recruiting / marketing opportunities to targetedExternal audiencePractices • legislative support • marketing/ • Employment Non-Discrimination Act philanthropy • Domestic Partner Tax Equity Act • recruiting • Uniting American Families Act • legislative • support marriage equality (e.g., No On Prop 8 business coalition)
  33. 33. http://www.thirdway.org/publications/392
  34. 34. Grossing Up• Google • Kimpton Hotels• Facebook • JetBlue• Apple • Morrison & Foerster• Cisco • McDermott, Will & Emery• Barclays • Bingham McCutcheon• Credit Suisse • Skadden, Arps, Slate,• Discovery Channel Meagher & Flom• Bain & Co. • Gates Foundation• Boston Consulting Group • UUA• McKinsey • Teach for America • City of Cambridge
  35. 35. Resources• Human Rights Campaign Foundation’s Workplace Project www.hrc.org/workplace• Out & Equal Workplace Advocates www.outandequal.org• Center for Work Life Policy www.worklifepolicy.org• Tanenbaum Center for Interreligious Understanding www.tanenbaum.org/religion-at-work
  36. 36. SHRM 2011 Tuesday Presentations• 10:45 – 12: Employee Benefits for Domestic Partners and Same-Sex Married Couples: Best Practices for Employers – Todd Solomon LVCC Room N220-222• 4 – 5:15: Transgender 101: What You Need to Know About Gender Identity in the Workplace – Allyson Robinson LVCC Room N228-230
  37. 37. Thank you! Samir Luthersamir.luther@glli.org @samirluther

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