Two recent, complementary studies of LGBT workplace issues show a positive trend in benefits and attitudes, but do not conceal that there is still room for improvement. The HRC Domestic Partner Benefits (PDF) guide looks at the number of employers offering domestic-partner benefits, associated costs, the impact of anti-discrimination and equal-benefits ordinances, tax implications, “soft” benefits (e.g., relocation assistance and FMLA-like leave), and best practices.
The good news is that as of March 1, 2006, 49% of the Fortune 500 and 78% of the Fortune 100 offered health benefits to employees’ domestic partners, versus 25% of the Fortune 500 in 2000. Small- and medium-sized businesses are also increasingly offering DP benefits.
The bad news is there’s still half the Fortune 500 left to go. Also, as many of you know, federal regulations still crimp benefits for LGBT employees. A lesbian or gay employee must pay taxes on her or his partner’s health insurance, and partners may not be eligible for certain medical savings accounts. Additionally, most companies (52%) that offer DP benefits require partners to sign an affidavit stating they have lived together for at least one year, while 44% require six months. This is a gross imbalance with what is required from opposite-sex couples, who can marry and receive benefits at any time, without documentation. (Here we come to the “Britney argument” in favor of same-sex marriage.)
Lambda Legal’s Workplace Fairness Survey is a study of attitudes among LGBT employees themselves. The good news: 63% of those surveyed said their employers actively promote workplace equality. Unfortunately, 39% experienced discrimination or harassment at work in the past five years, and 19% reported that their sexual orientation was a barrier to promotion. Those with lower incomes or in more conservative regions reported more of these problems. Similarly, although 74% said they were out at work, this was more likely at higher incomes and in less conservative locations. (Despite the reputation of certain areas as “gay meccas,” gay and lesbian people live in 99.3% of the counties in the U. S., according to the 2000 Census. (PDF))
Lambda cautions that their results may still not show the whole picture. Their online survey did not give a statistically significant sample for LGBT people of color or transgender employees. The sample also contained twice as many male respondents as female, and thus may not fully reflect the lesbian experience. (Gals: If you’re solicited for such a survey, which is usually anonymous, take the time to complete it and make your voice heard.)
LGBT workplace issues are critical not only for our immediate personal well-being, but also because many companies are way ahead of most governmental jurisdictions in recognizing LGBT equality. When there are discrepancies between corporate and governmental rights, problems can arise. I believe this will drive more companies to support political decisions in favor of LGBT equality. As HRC (PDF) notes:
Forward-looking employers acknowledge that the recognition of committed same-sex relationships on par with opposite-sex married relationships across the United States is better for business, particularly as employees are asked to move from one state to another. Employers will face challenges when attempting to relocate employees from a state with same-sex partner recognition to a state that actively limits the legal status of same-sex partners.
Speaking personally, I’ve worked in New York and lived in New Jersey, and vice versa, and I’ve worked and lived in the same state, but moved from one state to the other mid-year. Phew. How many times would that have made me married and unmarried if one of those states had legalized same-sex marriage and the other didn’t? I can’t imagine the payroll and withholding screwups.
More companies will support LGBT rights, not only because of internal cost issues, but also because of the revenue impact. The GLBT consumer market is valued at $641 billion (PDF) for 2006, and in one recent survey (PDF), 69% of LGBT people indicated their purchase decisions are influenced by companies’ LGBT policies.
The business world can thus be a valuable ally in the fight for equality. Even those of us not working outside the home are well advised to keep an eye on workplace practices and attitudes. The studies above lend hard facts to what most of us know inherently, and are worth a read. Other good resources are the HRC Workplace Project and Out and Equal Workplace Advocates.
