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Domestic
Partner Benefits Overview
Workplace
Campaigns > Directory
of Domestic Partner Benefits > Domestic
Partner Benefits Overview
The
Count
At
least 77 media companies and unions offered employees domestic
partner (DP) benefits including health insurance by October
of 2001, up from 10 in 1994 and 26 in 1997. The current count
probably underestimates the growth in DP benefits because
of the flurry of media consolidations in recent years. These
companies and unions encompassed more than 1,400 newspapers,
stations, magazines, wire services and online news providers
where DP medical benefits are available. Sixty of the top
100 U.S. newspapers (by circulation) offered DP benefits
as of October 2001.
More
than 145 (29%) of the Fortune 500 companies offer DP benefits,
more than quadruple the number that offered them in 1997.
Fortune magazine announced in December 2000, that 47 companies
on its annual list of the 100 Best Companies To Work
For provide benefits for same-sex partners.
An
estimated 22% of U.S. employers offer domestic partner benefits,
more than twice the 10% that offered the benefits in 1997,
according to a November 2000 survey by Hewitt Associates,
a global management consulting and employee benefits delivery
firm. Most of these (64%) cover both same-sex and opposite-sex
partners. Of the 570 large employers surveyed, 85% said that
the cost of DP benefits comprised less than 1% of total benefits
costs. A 2000 survey by the Society for Human Resource Management
found that 25% of 754 companied surveyed offered DP benefits
to opposite-sex partners and 16% offered these benefits to
same-sex partners.
Organizations
(NLGJA included) that have kept lists of all employers offering
DP benefits have found it nearly impossible to keep up with
the explosion in growth of DP benefits in recent years. The
closest tracking is being done by the Human Rights Campaign,
Washington, D.C., which estimates that more than 4,300 employers
offer DP benefits. Ten years ago (1989), a mere five employers
offered DP benefits.
An
Associated Press poll of 1,012 Americans in May, 2000 found
that at least half supported the rights of gays to receive
health insurance (53%), Social Security benefits (50%) and
inheritance (56%) from their partners.
The
Costs
Surveys
have shown repeatedly that providing DP benefits costs employers
next to nothing. Typically fewer than 0.5% of employees enroll
their same-sex partners; when both same-sex and opposite-sex
partners are covered, usually fewer than 1% of employees
sign up.
Employers
that offer DP benefits to both same-sex and opposite-sex
partners have seen 0.9% of employees enroll; costs were the
same as or less than costs for spouses, according to data
collected by the American Association for Single People.
No adverse financial consequences were reported by any of
these employers.
Enrollment
numbers are low for several reasons. In our society, in which
prejudice still exists, some gay and lesbian workers are
afraid to be identified.
In
addition, DP health benefits are not "free" to
employees, as they are for married workers. The Internal
Revenue Service considers company payments for DP benefits
to be taxable income, so employees must calculate whether
the taxes they would pay for DP benefits are more costly
than buying health insurance themselves. Many domestic partners
are covered by health insurance through their own workplaces.
As
a result, the only workers who enroll partners for DP benefits
are those who really need these policies.
The
KPMG Peat Marwick report showed that health insurance premiums
for domestic partners were cheaper or no more expensive than
premiums for spouses. Early fears that the costs of AIDS
care for domestic partners would increase premiums have proved
unfounded.
DP
benefits usually comprise less than 1% and rarely more than
2% of an employer's total health care benefits costs even
if both same-sex and opposite-sex partners are covered, according
to a 2000 report by the Institute for Gay and Lesbian Strategic
Studies, "Calculating Costs with Credibility: Health
Care Benefits for Domestic Partners."
In
interviews for this directory, media companies consistently
reported the financial impact of DP benefits as "negligible" or "minimal," or
said they had not bothered to track the numbers. Past data
suggest that covering same-sex partners adds well under 0.5%
to annual medical benefits budgets.
At
the University of California, extending DP benefits in 1997
to same-sex partners cost far less than predicted. A total
of 701 employees and retirees enrolled their partners for
medical and dental coverage, representing 0.5% of 130,000
current and retired employees in the health plan. The policy
added about $1 million (0.2%) to the university's annual
$442 million health insurance budget.
In
addition, UC employees were allowed to enroll financially
dependent relatives who lived with them, which added another
404 enrollees. Combined, the dependent relatives and same-sex
partners added $1.8 million to the health care budget, less
than the $1.9 million to $5.6 million anticipated.
The
Rationale
Equal
pay for equal work - that's the principle behind domestic
partner benefits for gay and lesbian workers. On average,
benefits account for 39% of payroll, according to the U.S.
Chamber of Commerce. If only married employees receive some
benefits, gays and lesbians are excluded from a significant
share.
Employees
who cannot provide health insurance for their loved ones
through workplace policies face financial hardships and stress
in trying to cover the costs of medical care or insurance
themselves.
DP
benefits put nondiscrimination policies into practice. It
is contradictory to say that gay and lesbian employees will
be treated equally but their "spouses" will not.
After all, these relationships are what define them as gay
or lesbian.
DP
benefits convey the message that an employer will judge gay
and lesbian employees by the work they do, not by who they
are. In the news industry, the quality of news coverage can
only improve when employees feel they can contribute ideas,
angles and contacts for stories without fear of repercussion.
Providing
DP benefits is not only a smart, competitive business decision,
but a symbol to all gay and lesbian employees that they are
fully and equally valued at their institutions.
Media
Trends
Media
mergers and acquisitions have helped spread DP benefits.
When Knight-Ridder acquired four television stations from
Capital Cities/ABC, which offered DP benefits, Knight-Ridder
management decided to give all its divisions the option of
providing DP benefits. The McClatchy Co. bought the Minneapolis
Star-Tribune from Capital Cities/ABC, and shortly thereafter
made DP benefits an option at its other papers. After the
Hearst Corp., which urges its divisions to offer DP benefits,
acquired the 14 Pulitzer Publishing broadcast stations, those
stations adopted DP benefits.
Protests
and boycotts by opponents of DP benefits appear to have had
little effect. A well-publicized campaign to boycott Disney
(which owns ABC) because of the company's gay-friendly policies
did not affect the corporation. When a reader wrote to cancel
her subscription to the Seattle Times to protest the paper's
DP benefits policy, publisher Frank Blethen wrote back, saying
she might as well plan to never buy a Microsoft product,
never drink Starbucks coffee, never get medical care in the
Kings County health system, and never set foot in the City
of Seattle, all of which provide DP benefits to employees.
Unions
increasingly have been winning DP benefits in contracts.
The Newspaper Guild made DP benefits a mandatory bargaining
subject in 1992. The American Federation of Television and
Radio Artists (AFTRA) made DP benefits available to thousands
of members through its health plan in 1998.
When
a union member threatened to quit the Communications Workers
of America because it negotiated DP benefits in a contract
with AT&T, union leaders wrote back suggesting that the
member cancel her telephone service as well, if that's the
way she felt.
Competitive
Factors
Enough
media companies offer DP benefits that it has become a competitive
issue. A few anecdotes from NLGJA members drive home this
point.
A
rural paper recruited one reporter in part by pointing out
that the paper offered DP benefits. (See "In Human Terms.")
Another NLGJA member being recruited by The Washington Post
decided not to take the job partly due to the fact that the
paper did not offer DP benefits at that time. Shortly after
that, the company began allowing its divisions to offer DP
benefits.
A
reporter being recruited by Gannett demanded and won $5,000
more in annual pay when she found out that Gannett does not
offer DP benefits. A reporter recruited by a Tribune Co.
newspaper demanded and won $1,500 more per year in pay to
cover his partner's health insurance. As these demands increase,
companies will find it more cost-effective simply to offer
DP benefits. Gannett and Tribune Co. now offer DP benefits.
With
the online availability of this directory, journalists can
easily determine which workplaces offer DP benefits, and
will be attracted to companies that show they are willing
to treat gay and lesbian employees fairly.
Legal
Trends
Numerous
court cases and legislation dealing with domestic partners
made headlines in recent years.
Seattle
became the second U.S. city requiring
its major private contractors
to provide gay and lesbian couples
the same benefits as married
employees, in a November, 1999
ordinance.
A
growing number of Hawaii businesses
have started offering DP benefits
to remain competitive, even though
challenges defeated a 1997 "reciprocal
beneficiaries" law that
tried to require DP benefits. "It's
not a political issue; it's a
business decision," Duane
Feekin, executive vice president
of the Bank of Hawaii, told the
Honolulu Star-Bulletin. "To
attract and retain the best talent,
we have to have a benefit package
appropriate for the 20th century."
Court
cases seeking same-sex marriage
in Hawaii and Vermont prompted
the federal legislature to pass
the "Defense of Marriage
Act" defining married couples
as a man and a woman, and a number
of states have passed similar
laws. In
April, 2000, Vermont became the
first state to grant gays and
lesbians civil unions with the
same rights as marriage. In
December, 1999, the Hawaii Supreme
Court declared the lawsuit moot
and reinstated a law making marriage
licenses available only to heterosexual
couples.
Five
states - California, New York,
Oregon, Vermont and Washington
- are among the 68 U.S. governmental
bodies that provide DP benefits
to government employees. An
Oregon appeals court said the
state is constitutionally required
to recognize same-sex domestic
partnerships and to provide benefits
to them. The
ruling also banned any form of
employment discrimination against
lesbians and gay men, including
discrimination by private employers.
At
least 11 states and the District
of Columbia now have laws protecting
lesbians and gay men against
workplace discrimination.
The
Georgia Supreme Court in November
of 1997 upheld a policy allowing
Atlanta city employees to include
dependent partners in their insurance
coverage, but Insurance Commissioner
John Oxendine refused to approve
changes that would allow DP benefits. A
court ruling in September of
1999 ordered Oxendine to lift
his ban on DP coverage in insurance
policies.
Los
Angeles created a formal registry
for domestic partners to assist
businesses that want to extend
DP benefits but have concerns
about who may qualify.
In
June, 2000, a new Canadian law
virtually guaranteed equality
for same-sex unions and heterosexual
marriages by rewriting the legal
definition of "common law
marriage" to include same-sex
and heterosexual couples who
have lived together for more
than one year. A
separate bill, expected to be
passed this fall, would extend
immigration privileges to same-sex
couples and their dependents.
The
Future
The
availability of DP benefits does not erase inequities in
the treatment of gay and lesbian employees, who must pay
taxes on the imputed income. (See "Costs," above.)
Employers often require domestic partners to provide financial
records, a certificate from a municipal domestic partnership
registry, or other evidence of an established relationship,
and require that domestic partners have lived together for
6-12 months to qualify for benefits, none of which are required
of heterosexual spouses.
DP
benefits do not begin to address the 27 or so state and federal
rights conveyed to spouses by marriage but unavailable to
domestic partners, such as automatic inheritance, child custody,
domestic violence protection, insurance breaks, immigration
rights, Social Security survivor benefits, tax breaks, and
veteran's discounts.
But
DP benefits comprise a huge step toward treating gays and
lesbians fairly in the workplace. The National Lesbian and
Gay Journalists Association believes that it is only a matter
of time before all media companies begin treating their gay
and lesbian employees more equitably by including domestic
partners in benefits.
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