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In The News - Domestic Partner Benefits

Sonoma County Defendants to Pay Clay Greene over $650,000 to Settle Case in Which County Forcefully Separated Greene from his Partner of 20 Years

San Francisco, CA—Late yesterday evening, Clay Greene and the estate of Harold Scull, Greene's deceased partner of 20 years, reached a settlement resolving their lawsuit against the County of Sonoma (“County”) and other defendants.

 

Greene and Scull’s estate will receive more than $600,000 to compensate for the damages the couple suffered due to the County’s discriminatory and unlawful conduct.

 

FedEx Delivers for LGBT Employees while ExxonMobil Continues to Stall

After 10 years of advocacy, two companies take different paths on LGBT equality in May.

 

Washington – After more than a decade of advocacy by the Human Rights Campaign and others to change FedEx’s and ExxonMobil’s workplace policies, this month, Tennessee-based FedEx Corp. announced it will offer domestic partner benefits to its employees starting in 2012, while Texas-based ExxonMobil continues to resist basic non-discrimination protections for its lesbian, gay, bisexual and transgender employees.

 

“Ten years ago these two heartland employers had the same approach to LGBT workplace equality: oppose it,” said HRC President Joe Solmonese. “Today, we see FedEx joining their competitors and the majority of Fortune 500 companies which have offered domestic partner benefits since 2006. Meanwhile, ExxonMobil sticks with its tired ‘trust us’ argument that it doesn’t need an explicit ban on anti-LGBT discrimination in its company’s EEO policy because it is somehow addressing the issue in other ways.”

 

When the city and county of San Francisco passed its groundbreaking Equal Benefits Ordinance in the late 1990s, which requires city contractors to provide equal benefits for same-sex partners as for different-sex spouses of employees, one of the most vocal opponents was FedEx. The company lost its battle in federal court, and now provides partner benefits where required by law for contracting purposes. FedEx’s will extend partner benefits in 2012. It is unclear whether the benefits will be offered to union employees. FedEx also added gender identity to its non-discrimination policy in 2009. Meanwhile, ExxonMobil shareholders voted for the 11th year in a row on a resolution to add sexual orientation and gender identity to the company’s non-discrimination policy. The resolution continues to garner strong support with 821 million shares valued at more than $49B voting in favor of the proposal. The Human Rights Campaign Foundation was present at ExxonMobil’s annual shareholder meeting.

 

The HRC Foundation has also worked closely with employees of FedEx to provide a sound business argument for why the company should provide domestic partner benefits, including organizing a two day retreat where employees of FedEx and other companies learned how to be effective and trusted internal advocates.

 

The legacy Mobil Corp.’s equal employment opportunity policy included “sexual orientation,” and the company offered domestic partner benefits to its employees; however, upon its 1999 merger with Exxon, the non-discrimination protection was removed and the domestic partner benefits program closed to new employees.  Twenty-four members of Congress, and thousands of stockholders and consumers, wrote to ExxonMobil Chairman Lee R. Raymond in December 1999 to protest the policy reversals.  Current Chairman and Chief Executive Rex Tillerson has maintained the same position on ExxonMobil’s policies.

 

“We hope that the announcement by FedEx will mark a turning point in its stance on LGBT workplace equality and will spur it to continually recognize the business value of treating all employees fairly and we will continue our educational efforts in the community about the choices consumers have to support fair-minded companies” Solmonese said.

 

FedEx’s primary competitor, UPS, has scored a 100 percent on HRC’s Corporate Equality Index for the past three years. While, ExxonMobil’s oil and gas industry competitors Shell, Chevron and BP, also score a 100 percent on the Index.

 

The Human Rights Campaign is America’s largest civil rights organization working to achieve lesbian, gay, bisexual and transgender equality. By inspiring and engaging all Americans, HRC strives to end discrimination against LGBT citizens and realize a nation that achieves fundamental fairness and equality for all.

 

Senate committee passes Domestic Partnership Benefits and Obligations Act

WASHINGTON, DC — The Senate Homeland Security & Governmental Affairs Committee today passed the Domestic Partnership Benefits and Obligations Act. The Task Force Action Fund submitted testimony to a House committee supporting this bill earlier this year. The Domestic Partnership Benefits and Obligations Act would provide domestic partner benefits for federal employees and their same-sex partners. These benefits include federal health insurance; retirement and disability benefits; family, medical and emergency leave; and compensation for work injuries. The bill would also ensure that employees' same-sex domestic partners are subject to the same ethics regulations that currently govern federal employees' opposite-sex spouses.

 

Fresno Hospital Agrees to Training and Policy Changes in Response to Mistreatment of Lesbian Couple

San Francisco, CA—Community Regional Medical Center in Fresno has agreed to make policy changes and conduct staff trainings to ensure that the rights of its LGBT patients and family members are properly respected. The changes are in response to a demand letter by American Civil Liberties Union and the National Center for Lesbian Rights on behalf of a lesbian who was barred from visiting her partner and giving advice about her treatment at the hospital.

 

“We are very pleased that Community Regional is taking seriously its obligations to respect the rights of its LGBT patients and family members,” said Elizabeth Gill, a staff attorney with the ACLU of Northern California. “While it’s unfortunate that a couple had to suffer in order to make the hospital take notice, it’s commendable that Community Medical is taking such important steps to ensure that this kind of mistreatment doesn’t happen again.”

 

On May 29, 2009, Kristin Orbin was rushed to the emergency room after suffering from an epileptic seizure. She and her partner of four years, Teresa Rowe, had traveled from the Bay Area to Fresno to attend a rally in support of marriage for same-sex couples. Although Rowe, who grew up in nearby Clovis, California, was well aware of Orbin’s medical history and how she responded to various medications, hospital staff refused to allow her to speak with the doctors treating Orbin or to visit with her. As a result, Orbin was given the drug Ativan that she didn’t need and which caused her unnecessary pain. After the couple had been separated for several hours, Orbin finally saw her doctor. She complained to him, and Rowe was eventually allowed to be with her.

 

“While an apology would have been nice, we are pleased that this incident will help put an end to unfair treatment of LGBT patients and their family members,” said Rowe. “But while the policy changes are extremely welcome and necessary, this incident has also underscored that, ultimately, allowing same-sex couples to marry is the only way to guarantee the respect and recognition that will prevent this kind of treatment.”

 

According to the letter Community Medical Centers sent to the ACLU and NCLR, the hospital is in the early stages of reviewing all its policies dealing with LGBT patients and foresees further changes in addition to the promised training and policy changes. It has also agreed to keep the ACLU and NCLR apprised of its progress.

 

“We’re very pleased that Community Medical has decided to do right by its LGBT patients,” said James Beaudreau, Education and Policy Director of the Gay and Lesbian Medical Association (GLMA). “Providing equal treatment and care for all persons, regardless of sexual orientation and gender identity, should be of paramount importance to any hospital. It creates an environment in which all patients feel safe and comfortable receiving treatment, which results in a higher quality of patient care.”

 

New York Teamsters Fund Denies Benefits to Same-Sex Spouse of Twenty-Seven Year Veteran Employee: Lambda Legal Advocates on the Family’s Behalf

"Under New York's rule recognizing out-of-state marriages, Jackie and Marylou are legal spouses; the New York State Teamsters Benefit Fund is ignoring its obligation to its long-time member and leaving this family vulnerable."

 

Syracuse, NY—Lambda Legal filed an internal appeal to the New York State Teamsters Council Health and Hospital Fund on behalf of Jackie Zacharewski because the Teamsters Fund denied Ms. Zacahrewski's request for spousal health benefits refusing to recognize her legal marriage to Marylou Dalton-Zacharewski.

 
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