II. Recognizing domestic partnership benefits.

Pages#2005

Domestic partnership benefits, or employee benefits in general, contain two different types of benefits: economic and non-economic benefits. Economic benefits include such things as health insurance, dental insurance, pension plans, sick and bereavement leave, and death benefits. Non-economic benefits may also be called emotional or quality-of-life benefits. Such benefits would include library or recreation privileges for a partner. Several factors should be considered in defining domestic partnership benefits of which the following should be kept in mind.

  1. Purpose of Benefits

    An argument regarding the purpose of benefits must focus on why employers grant employment benefits. For example, employers may provide paid funeral leave to an employee upon the death of a spouse since the employee will need to take time off from work during this personal crisis. She or he may also be responsible for funeral arrangements and expenses. However, paid funeral leave is generally not available for the death of a friend. The employer assumes that the loss of a friend is not as personal and devastating as the loss of a spouse, and that the employee is not responsible for such expenses.

    Given the purpose of the benefit, employers should provide lesbian and gay employees paid funeral leave upon the death of a domestic partner. The emotional and financial needs of lesbian and gay employees with partners are the same as those of married employees. Benefits should be equally available to all employees as an incentive to remain with the company.

  2. Comparable or Equal Pay

    Benefits comprise a large portion of an employee's compensation. When an employee is eligible for fewer benefits than another because she or he is not permitted to marry, and the difference is not made up in wages, that employee is being paid less for the same work. For example, Employee A, a married heterosexual, receives $300 per month in spousal and dependent benefits while Employee B, a lesbian with a partner, receives none of these benefits. Employee A is in effect paid $300 per month more than Employee B.

    Given this discrepancy, the reasons why employees receive benefits for their spouses is irrelevant. The goal is to achieve the same benefits for lesbian and gay employees.

  3. Sexual Orientation Discrimination vs. Marital Status Discrimination

    There are different types of discrimination in operation: discrimination against lesbian and gay employees, and discrimination against unmarried...

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