Fixing A Hole

Last week the New Jersey state senate voted against allowing same-sex couples to marry. And I can't say that I'm not saddened by the decision. Even though I don't live in Jersey, this does hit close to home because I am gay and Philly is right next door.

For me, the idea of marrying is strictly a legal issue. There are over 1,000 laws that benefit heterosexual couples that exclude homosexual couples. Briefly these include:
>Social Security benefits upon death, disability or retirement of spouse;
>Family and Medical Leave protections to care for a sick or injured family member;
>Access to COBRA insurance benefits so the family doesn't lose health insurance when one spouse is laid off;
>Exemptions from penalties on IRA and pension rollovers;
>Exemptions from estate taxes when a spouse dies;
>Exemptions from federal income taxes on spouse's health insurance;
>The right to visit a sick or injured loved one, have a say in life and death matters during hospitalization.

But I understand how governments work. I did take a Civics class in elementary school and have seen Schoolhouse Rocks & Legally Blonde #2. (This means I understand, it does not mean I am an expert.) Politicians have a job to do like you & me, and they make decisions based upon their constituents. If they make decisions that have outcomes that are unfavorable, they are replaced by someone who it is believed will make more favorable decisions.

Simply it comes down to the people they represent. Not the politicians so much themselves.

And perhaps it comes down to the HR community.

As agents of change and equity in the workplace, HR has a responsibility to stand up against wrongdoings and mistreatment. Plus the workforce population expects employers to offer benefits such as health care that help them take care of themselves.

I guarantee you that your gay population is expecting you as HR to help them take care of themselves in a similar fashion. Your gay population wants you to recognize the current legal & government landscape; recognize any resulting inequities in your company's policies and, if you can, make adjustments to alleviate some of these.

Many organizations have done this already. I'm proud to say, mine does. But many have not, for various reasons.

If it's because you are unsure what to do and where to start, consider at least these two points:
1. Include sexual orientation in your list of protected classes. Consider even including gender identity as well.
2. Institute a domestic partners benefit. Go to HRC.org for great resources to implement this. Or contact me and I will give you some other pointers.

If it's because you think it's not your responsibility, I'm curious as to why and would like to hear from you. I obviously have a vested interest in this topic, but I'm always open to debate. But before you call me on this, just understand I am not going to discuss the ramifications gay marriage has on any religious community or institution. I clearly understand gay marriage for some people is strictly a religious issue. I respect the right of any religion to hold views that are contrary to my own. Where and how people choose to worship is their business, not mine.

My goal here is to repeat one of the themes that has been presented already on this blog: HR is in a fishbowl & employees are looking at you, and to you all the time for help in the workplace (fixing holes if you will). Additionally, on a topic that I hope to go into greater detail later, your gay population is typically quieter than your straight population. And a silent minority is not a healthy thing.

8 Comments:

hrfishbowl said...

nicely done, paul. your position is thoughtful, mature, and unfortunately rooted in a sad reality...most constituents out there are selfish, self-riteous, and blind to 21st century pragmatism. they soon will die and this all will change.

fran melmed said...

fabulous, clear-headed, cogent argument. i hope you get the conversation you so respectfully invited.

f

Creative Chaos Consultant said...

Great post. It's definitely put-up-or-shut-up time in the business world. Organizations have to ensure their programs benefit their talent regardless of who they are. Not being inclusive is a sure way to have them go elsewhere, and fast.

Paul Smith said...

Charlie-I appreciate your indignation. I think the social change is occurring relatively quickly. I have noticed that the younger generations are less concerned about this issue.

Fran-I hope so too.

Victorio-Inclusiveness can definitely can be a way to attract talent away from others who don't.

Joan Ginsberg said...

Excellent post, Paul. Now how do we get this message outside of our online bubble where we can make an impact? Victorio - how do we GET the business world to put up or shut up?

I continue to worry that we are all preaching to the choir here, including me.

Chris Ferdinandi - Renegade HR said...

Paul, one of my biggest frustrations is the "I don't mind civil unions, but don't call it marriage," crowd. That just sounds way too much like "separate but equal"... and we all know how well that worked!

Great post!

Paul Smith said...

Joan-your concerns are definitely warranted. I am started to branch out my social networking beyond the HR community. Even though HR topics are not everyone's cup of tea--you never know who you will meet who's willing to listen.

Chris-Thanks for the compliment. This subject for some is a war of words.

Michael Krupa said...

Great post. When I decided to put my consulting business on hold and take a permanent job in 2008 (that's a story that will need it's own blog post), it was an absolute requirement that the company have sexual orientation in the list of protected classes and had domestic partner benefits (health care costs for a small business owner are also a separate blog post). For me it was a deal breaker and I can only hope that this will become a deal breaker for many other people as a way to "persuade" companies to get their act together.

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