Domestic_Partner_Benefits

Domestic Partner Benefits COMM/215 June 16, 2010 Dr. Helen Holt Domestic Partner Benefits Many people agree that a couple can consist of people living together who are unmarried or who are not of the opposite sex. Any two adults living together and share a loving relationship are called partners. Domestic partners share a long-term relationship without entering a traditional marriage, common law, or civil union. Domestic partners are unmarried heterosexual or homosexual couples who are in a relationship that is considered equivalent to marriage for the purpose of extending certain legal rights and employee benefits (Webster’s New College Dictionary, 2010). Hard and soft benefits should be accessible to everyone because of equity, fairness, and competitive advantages. Domestic Partners Unmarried couples are one of the fastest growing components of American society. In today’s society couples live together before they marry; cohabitation has become a normal stage between dating and marriage. The most common reason people live with a partner is that they are not ready to be in a committed relationship. Domestic partners separates into two categories same sex and opposite sex. A heterosexual is someone who is sexually attracted to someone of the opposite gender. Heterosexuality is the most common sexual orientation in today’s society. A homosexual is a person whose attraction is someone of the same gender. Males, who are homosexuals, are referred to as gays and females are referred to as lesbians. Today’s society discriminates against homosexual couples raising children; there is no difference between children who are raised by homosexual parents and those who are raised by heterosexual parents. Children raised by homosexual parents are more open-minded toward diversity and more nurturing towards younger children than children whose parents are heterosexual. Children of homosexual parents exhibit a greater level of affection and attentiveness (Cooper, 2005). About three out of five children who are in domestic partner families are called step families (White, 1993). Most of these families are heterosexual; however, gay and lesbians form step families as well, after a parent forms a same sex relationship. All parents whether married or unmarried wants his or her children to be happy, healthy, and to have the best attempt at life and succeeding in today’s society. Students of University of Phoenix (2010) provided a “Domestic Partner Benefit Survey” within the community of homosexuals and heterosexuals to determine if benefits of homosexuals should be the same as heterosexuals; eight out of ten people agreed that the benefits should be the same for everyone (Appendix A). Benefits Domestic partner benefits are divided into two classes hard and soft benefits. Hard benefits, such as health and dental insurance, education and tuition assistance, and pension benefits, are cost intensive and carry a direct cost to the organization. Soft benefits stimulate less direct costs and vary by workforce. Soft benefits are easier and less expensive for employers to extend to domestic partners, and are often seen less important. Examples of soft benefits include family and bereavement leave, and sick leave. Domestic partner benefits are based on the notion of equal pay for equal work. Approximately 40 % of employee compensation is compound of benefits (Kohn, 1999). Many employers’ policies use marriage to determine eligibility for some benefits, making some benefits unavailable to employees in same sex relationships. The workforce has become more competitive. Employers want to attract and keep qualified and competent employees, some of which are in same sex relationships. Domestic partners benefits attract new employers and provide incentives for existing employers to remain within the company. Although, there are no tax liabilities to the employers for domestic partner benefits; in most cases tax liabilities to employees utilize domestic partner benefits. Employees do not have to pay tax on the benefits received for legal spouses. Employees generally must pay tax on the fair market value of the benefits they receive for domestic partners (Kohn, 1999). For example, if the employer pays $1,800 per year for domestic partner benefits, the employees would be taxed on that amount. However, in most cases domestic partners do not qualify as dependents, the cost of benefits must come from pretax dollars. Laws on Domestic Partner Benefits The struggle for equal rights has moved to the center of the American stage for homosexuality. Homosexuals are battling for his and her civil rights in Congress, courtrooms, and the streets. For example, well-known figures are discussing homosexual orientation in the public and gay characters are featured in movies and on prime time television. Our legal system has enforced laws that state how individuals may have intercourse with one another. Legal equality for lesbians and gay men rests on numerous fundamental constitutional principles. Equal protection of the law is guaranteed by the Fifth and Fourteenth Amendments and reinforced by hundreds of local, states, and federal civil rights laws. The rights to privacy or “the right to be left alone,” is guaranteed by the Fourth, Fifth, Ninth, and Fourteenth Amendments, and further secured by Supreme Court ruling (American Civil Liberties Union, 1996). A federal law does not exclude favoritism against gay people; only a handful of states do. Laws prohibiting discrimination on the basis of sexual orientation are expected to grant equal rights, so that lesbians and gay men will be judged according to his or her abilities and not by his or her sexual orientation. Sodomy laws prohibit oral and anal sex, even between consenting adults in the privacy of his or her home. Sodomy is referred to as deviate sexual intercourse, a crime against nature, or unmarried perverted sexual practice (Webster’s New College Dictionary, 2010). The penalties for violating sodomy laws range from a $200 fine to 20 years imprisonment (American Civil Liberties Union, 1996). In most of the 21 states that still retain consensual sodomy statutes these laws apply to both homosexual and heterosexual sex. However, six states limit the laws’ to same sex couples. The primary effect of sodomy laws is to sanction the suppression of lesbian and gay male sex (American Civil Liberties Union, 1996). Cost The cost of domestic partner benefits are determined by two factors: the number of employers enrolling in benefits plans, and the cost per enrollee of the benefits themselves. The cost of providing domestic partner benefits is very low. If benefits are extended to same sex couples only, the average cost increase is 0.3 percent. If both same and opposite sex couples are eligible for benefits, cost will increase anywhere from one to 3.4 % (Winfeld & Spielman, 1995). Most gay and lesbian couples are two income families. Both are generally insured by his or her employers; only a small percentage of homosexual employees have signed up for domestic partner benefits. Some organizations have realized that the cost to offer these benefits will not cost any more than it would to add the spouse of a heterosexual employee (McNaught, 1993). A medical benefit for domestic partners of gay male employees has focused on the expense of the fear of AIDS. Some organizations have concerns about health care coverage cost of homosexuals who may have AIDS. It also betrays propaganda about the cost of treating AIDS. The cost to ensure a person with AIDS is less than it would be for chronic heart problems or cancer. If the organization should suffer a loss because of a false statement of domestic partnership or because of failure to notify a change of circumstances, the employer may bring a civil action to recover losses and reasonable attorney fees (McNaught, 1993). Value of Domestic Partner Benefits The values of providing benefits for domestic partners in the workplace are numerous. One of the most important is the ability to hire and retain the best employees who are available in the marketplace today (University of Maryland, 2009). To increase productivity within an organization many employees have realized that benefits provided by an organization will not be affected because he or she chose to live a different way of life (University of Maryland, 2009). A belief that fairness and equality is present in an organization provides for a more open and worry free work environment for every employee (University of Maryland, 2009). The national, state, and local governments are beginning to rewrite the laws governing benefits being provided to domestic partners, to make it the law of the land. Organization Providing and Value of Domestic Partner Benefits In the last decade the United States has accepted organizations offering domestic partner benefits. This has increased the number of unmarried and same-sex domestic partnerships who are known to be present in the business community today. Two hundred and eight- nine of the Fortune 500 companies offer benefits to domestic partners who work within the companies; therefore, this trend has spread to include 18 Fortune 100 Companies (Human Rights Campaign Foundation, 2009). However, there are approximately 29 states that have at least one public university that provides benefits to employees who are in a domestic partner relationship (Appendix). The United States Federal Government has five divisions that provide domestic partner benefits (Appendix). The District of Columbia and 29 States have two or more government divisions that provide domestic partner benefits (Appendix). Hard and soft benefits should be accessible to everyone because of equity, fairness, and competitive advantages. As society evolves it will eventually learn how to accept those who choose alternative lifestyles. Hard benefits are only accessible to opposite sex partners, which leave same sex partners with no benefits. All benefits should be accessible to any domestic partner regardless of his or her sexual orientation. References American Civil Liberties Union Briefing Paper. (1996). Antidiscrimination laws protect equal rights for gay and lesbians: Lesbian and Gay Rights No. 18 Retrieved on 06/13/2010. Cooper, M. (2005). Gay and lesbian Families in the 21st Century: What Makes a Family' Addressing the Issue of Gay and Lesbian Adoption p. 178, 185-186. Philadelphia, PA: Chelsea House. Human Rights Campaign Foundation. (2009). 286 of fortune 500 companies offer domestic partner benefits. Retrieved June 7, 2010 from http://www.upi.com/Business_News_Daily/2009/06/03/286-of-Fortune-500-companies-offer-domestic-partner -benefits/18316/ Kohn, S. (1999). The domestic partnership organizing manual for employee benefits. P. 182. Washington, DC: National Gay and Lesbian Task Force. McNaught, B. (1993). Gay and lesbian partners should received employment benefits: Gay issues in the workplace. P. 20. New York: St. Martin’s Press. University of Maryland. (2009). LGBT issues task force: Diversity network of the University System of Maryland. Retrieved June 7, 2010 from http://www.president.umd.edu/DCLGBT/aboutus/archive/DPBenefits.html Webster's New World College Dictionary. Definition. (2010). Retrieved from http://www.yourdictionary.com White, K. (1993). The First Sexual Revolution: The Emergence of Male Heterosexuality in Modern America p. 13. New York, NY: New York University. Winfeld and Spielman (1995). National Lesbian and Gay Journalists Association. Domestic partner benefits: A trend toward fairness. P. 186. Washington, DC. Appendices Appendix A Domestic Partner Benefits Survey For Students of the University of Phoenix COMM/215 These questions are yes or no based any other comments are greatly appreciated. 1) Do you think any organization should analyze the cost of extending domestic partner benefits' Yes or No if No please explain 2) Should insurance companies be forced to provide domestic partner benefits' Yes or No if No please explain 3) Do you think domestic partnership should be recognized for financial or legal purposes' Yes or No if No please explain 4) Do you think domestic partner of retirees should be eligible for benefits' Yes or No if No please explain 5) Do you think organizations should offer domestic partnership benefits to both same sex and opposite sex couples' Yes or No if No please explain Comments: Appendix B Brainstorming Outline Wk 5 Paper I. Many people agree that a couple can consist of people living together who are not married or who are not of the opposite sex. Any two adults living together and share a living relationship may be called partners. Domestic partners share a long term relationship without entering a traditional marriage, common law, or civil union. Domestic partners are unmarried heterosexual or homosexual couples that are in a relationship that is considered as being equivalent to marriage for the purpose of extending certain legal rights and employee benefits. (Webster’s New World College Dictionary, 2010) II. Types of Domestic Partners A. Same Sex B. Opposite Sex 1) Couples with children 2) Couples without children III. Benefits A. Insurance 1) Health 2) Life B. Tax Treatments 1) Disadvantages 2) Advantages IV. Laws on Domestic Partner Benefits A. National B. Local V. Values A. Recruitment B. Retention C. Diversity VI. Cost A. Individual B. Implications to a company VII. Organizations providing Domestic Partner Benefits A. Educational Institutions B. Government Facilities C. Private Companies VIII. Conclusion