POLL: LGBTs Prefer to Work in States that Recognize Same-sex Marriage

In a recent survey released by a lesbian, gay, bisexual and transgender (LGBT) advocacy group, Out and Equal Workplace Advocates, it was revealed that approximately half of LGBT individuals in the labor force would opt to change their jobs once their employer required them to transfer to a state where same-sex marriages are not recognized.

According to the Harris poll, nearly 60 percent of LGBT employees said they would not consider working in a state that does not welcome same-sex marriage even it would mean a promotion for them.

Also, 79 percent of the LGBT employees prefer to work in states that acknowledge same-sex marriage than in states that do not allow such.

Moreover, the survey also found that 67 percent of Americans, regardless of their feelings of approval or disapproval, believe that marriage equality is now unavoidable everywhere in the U.S., according to a news resource.

In addition, the report also mentioned that nearly a third of the closeted LGBT employees claimed that they are more comfortable to come out in their workplace if the Employment Non-discrimination Act (ENDA) is finally passed by the Congress.

Incidentally, the said bill that would eventually ban workplace discrimination on the basis of gender identity or sexual orientation is expected to come to a vote in the U.S. Senate this fall.

Going back to the poll, it also found out that eight out of ten adults erroneously think that workplace discrimination against gay employees is already a federal law.

Meanwhile, for many of the LGBT employees in Los Angeles, the recognition of same-sex marriage is a significant historic breakthrough. Thus, many of the employment lawyers serving the county and its neighboring cities believe that it is the right time to renew their efforts to support the ENDA that is absolutely extended to sexual orientation and gender identity.

It can be remembered that just a few days ago, several employment lawyers posted an online infographic presenting the top ten states that are LGBT employee-friendly.  You can check it out for your reference here.

Top 10 LGBT Employee-friendly States

While the Supreme Court has repealed a certain section in the Defense of Marriage Act (DOMA), making way for marriage and gender equality last summer, gay rights are still often neglected in the workplace particularly in states that do not acknowledge same-sex marriage.

Unfortunately, despite the existing laws protecting lesbian, gay, bisexual and transgender (LGBT) individuals in the workplace, discrimination in hiring, firing, denial of benefits, harassments and other employment  misconducts on the basis of sexual orientation or gender preferences still prevail.

Therefore, a Los Angeles employment discrimination lawyer provided a list of the ten most LGBT employee-friendly states including their existing legal framework and current stand on same-sex marriage so that LGBT individuals would be familiar on where is the best place for them to settle down.

Click on the image for a clearer view.. 

Employment Non-discrimination Act (ENDA) Gets a Go Signal from Senate Committee

Just after the entire nation lawfully welcomes same-sex marriage in the society through the Defense of Marriage Act (DOMA), here is another first in the United State’s historic events.

Early this month, the lesbian, gay, bisexual and transgender (LGBT) community got another reason to celebrate as a senate committee passed the Employment Non-discrimination Act (ENDA) that would end employment discrimination on the basis of sexual orientation and gender identity.

Last July 10, the Senate Committee on Health, Education, Labor and Pensions has made the remarkable approval of the bill. All democrats backed the bill along with three Republicans – Sen. Mark Kirk (Ill.), Sen. Lisa Murkowski (Ak) and Sen. Orrin Hatch (Ut).

In her statement, Murkowski claimed that she believe that individuals in the workforce should be judged on how they can do the job and not on their sexual orientation. “Improvements might be in order to in the form of floor amendments, but discrimination should never be tolerated in the workplace.” She added.

Since ENDA was first introduced in Congress in 1994 by Rep. Jared Polis (D-Co) and Sen. Jeff Merkley (D-Or), and has gotten some hearings for years, never it had earned a vote on the House or Senate floor since November, 2007, when it passed the House by 234-184.

Ironically, during the recent discussion, the committee only spent 15 minutes discussing the bill that has been stagnated for long years before eventually passing it.

In a statement issued by Harkin applauding the bipartisan’s great effort in crafting the bill, he hopes that the full Senate will finally take up the bill by fall. Also, the White House and even Pres. Barack Obama himself issued a statement lauding the committee’s recent action and subsequently pressed the House to move forward on this bill that would put an end to one of America’s biggest problem in the workforce, the employment discrimination based on sexual orientation and gender identity.

For years, Obama has long been known to be a supporter of ENDA. Thus, in the past few weeks, he has been repeatedly calling for the approval of the said bill.

So far, the current federal law prohibits employment discrimination based on race, religion, sex, national origin, age and disability. Unfortunately, discrimination on the basis of sexual orientation or gender identity is excluded in its coverage. Thus, if ENDA would be passed into law, the GLBT workers would be given with strong, lasting and comprehensive protections against employment discrimination based on sexual orientation or gender identity, explained by a labor discrimination attorney.

Major Issues Employers Need to Deal With In Light of DOMA Repeal

In its recent ruling regarding the Section 4 of the Defense of Marriage Act (DOMA), the U.S. Supreme Court has apparently opened the door to lesbian, gay, bisexual and transgender employees across the country.

However, from an employment perspective, while the decision has finally addressed few questions, many issues remain unanswered.

Here are some of the issues that employers, including those who are in states that do not acknowledge same-sex marriage, need to deal with in light of the DOMA repeal:

•    Family and Medical Leave Act (FMLA)

In states that acknowledge same-sex marriage, the definition of “spouse” will definitely include a spouse of the same-sex couple.

Meanwhile, in states that do not recognize same-sex marriage, unfortunately, FMLA will not apply to same-sex marriages. Nevertheless, many believe that this issue will be a challenge in court in the future for states that do not have marriage equality statutes like Alabama.

•    Affordable Car Act (ACA), Cobra and Health Insurance Portability and Accountability Act (HIPAA)

These statutes make several references to “spouses” and “dependents.” Under ACA the “spouse” is excluded in ACA’s definition of “dependent”. Thus, the issue here is in the event that the insurance policy’s definition of “spouse” whether it would include same-sex marriage or not.

Other than that, which law applies in a case where a same-sex couple who are legally married in a state that acknowledges same-sex marriage moved to Alabama for employment? Should the federal law prevail? Or will the state law rule?

In policies that do not require coverage for spouses, exclusions would probably apply to both opposite-sex marriage and same-sex marriage.

Moreover, under HIPAA, marriage is a qualifying “change in status”. Thus, employees are allowed to immediately add a new spouse to a health plan if it covers spouses. Now, the question is, will this “change in status” apply to same-sex marriage employed in states with no marriage equality statutes even though they were legally married that recognizes same-sex marriage.

•    Employee Retirement Income Security Act (ERISA) and Employee Benefit Plans

This is a very vague area. Plans define “spouse” and the same will need to be assessed after state and federal law. Now, the confusion here will be upon the amendment of plans. Will changes need to be retroactive? Most probably, litigation will be a good solution over this matter.

•    Federal Taxes

From now on, same-sex marriage couples can now enjoy the same federal tax benefits that opposite-sex marriage spouses used to enjoy. They can now take advantage of a tax-free status of health insurance benefits and inheritance. Also, you can expect same-sex marriage spouses to file amended federal returns, if they were lawfully married as well as to seek joint filing status if they desire.

•    Social Security Benefits
The DOMA repeal permits same-sex marriage survivors to enjoy the same federal benefits available to opposite-sex marriage survivors.

•    Employment Non-discrimination Act

Although not yet specifically addressed, but the a proposed bill banning employment discrimination on the basis of gender identity of sexual orientation is likely to become a law in the future. Therefore, employers have to learn to adopt the same by prohibiting LGBT discrimination in the workplace.

So far, a Los Angeles workplace discrimination lawyer believes that the recent DOMA repeal is just a portion of a significant change that will impact both employers and the employees in the future to come.