Benefits of Offering Domestic Partner Coverage
For companies to be competitive and diversified in the marketplace today, many are offering domestic partner benefits. Companies need to embrace the new world of opportunities in the workplace and marketplace, and be adamant to be the best. Some jurisdictions have set up domestic partnerships as a way to recognize same-sex unions, domestic partnerships may involve either different-sex or same-sex couples. Recent controversy has surrounded same sex domestic partner benefits since same sex marriages are not recognized by the government. Companies that recognizes a critical ingredient of success is the ability to value and leverage diversity-that is, the power of the people.
Domestic Partners have been defined as legal or personal relationship between individuals who live together and share a common domestic life but are not joined in a traditional marriage, a common-law marriage, or a civil union. The phrases domestic partner was first used to describe living arrangements in 1985 according to The American Heritage Book of English Usage.
The values range from being recognized as a culturally diverse company to attracting talent that would likely go to another company for the benefits. The problem has been health, dental, vision, pharmacy, long-term care, personal accident insurance and life insurance benefits are being offered to employees and their dependents, but not to domestic partners. With the increasing cost of medical attention, it is near impossible to live with out insurance coverage. Some companies are only recognizing legally married couples as qualified family members, which in turns leaves out unmarried opposite and same sex couples. One key question has been how does one prove that he or she is a domestic partner? This is left up to the individual company, corporation and agency. The common practice is to sign an affidavit stating that the person is an adult person living with, but not married to, another adult person in a committed, intimate relationship. Domestic partner benefits have been an issue for employees since more same sex relationships are now in the public forefront. Same sex couples went to employers wanting the domestic partner for opposite sex benefits offered to them.
In 1982, the Village Voice, a New York City weekly, became the first employer to offer domestic partner benefits to its lesbian and gay employees. By 1990, there were fewer than two dozen U.S. employers that offered "spousal equivalent" benefits to their gay employees' partners (Human 2006). In 1992, the Lotus Notes Development Corporation was the first publicly traded company to offer domestic partner benefits (Prudential) and in 1992 Levi Strauss based in San Francisco was the first Fortune 500 company to extend health benefits to unmarried domestic partners (Armour). Prudential began offering domestic partner benefits in 2000 to help stay competitive with other financial services companies and attract a diverse group of workers (Prudential). Today there are 9,390 employer's that offer domestic partner benefits of that 261 are Fortune 500 companies, 8,609 are private companies and corporations, 13 are state governments, 137 are city and county governments and 299 college and universities (Human 2006).
Under federal law, most companies prohibit employment discrimination based on non-job-related factors such as race, sex, religion and marital status. No federal law offers similar protections to employees based on their sexual orientation or gender identity either real or perceived.
Some government politicians are getting involved. Senator Joseph Lieberman, Democrat-Connecticut and Senator Gordon Smith, Republican-Oregon, sought co-sponsors for legislation they plan to introduce extending domestic partner benefits to federal employees. In a recent letter to their colleagues, the two Senators noted that a majority of Fortune 500 companies provide the same benefit programs to domestic partners of employees as they do to spouses of employees (Sens. Lieberman 2006). Ohio Governor Bob Taft signed the DOMA (Defense of Marriage Acts) legislation which noted that the bill allows universities to provide domestic partner benefits, and the state law gives university board trustees the discretion to decide to whom they will offer benefits (Miami 2006).
Another reason sometimes cited for not offering domestic partner benefits is the fear that employees will misrepresent their relationship to obtain benefits for individuals who are not their domestic partners. Many employers require the employee to sign a legally binding statement attesting to the existence of the partnership. That affidavit can be used to exact repayment from any employee who fraudulently receives domestic partner benefits. Companies have different ways to prove that they are in a committed domestic partner relationship. Listed are three different organizations that require proof of having a domestic partner with affidavits.
• Indiana University approved same-sex domestic partner benefits on September 12, 2001 for the employees and students. To enroll, a notarized affidavit must be submitted and state that the domestic partner is the same sex as the employee, competent and at least 18 years of age, not legally married or a domestic partner to another individual, and not related to the employee by blood. Also, he or she have allowed six months to pass since the termination of any other same sex domestic partner relationship, live together for at least six months and provide documentation of a joint ownership of a home or a lease, vehicle, banking account, and credit cards (Indiana 2006).
• Miami University (Ohio) began covering same-sex domestic partners July 1, 2004. To enroll in the benefit plan a signed affidavit certifying that the employee is in a long-term committed relationship and intend to do so indefinitely, and a residence is shared along with financial responsibility. The benefits are limited to same sex partner. Currently, less than 1% of the Miami University staff utilize the domestic partner benefits. (Miami 2006).
• Northrop Grumman offers domestic partner benefits only on the health plan. Four requirement that have to be met to qualify as a domestic partner are; life partner must live at the same permanent residence in an exclusive, emotionally committed, and financially responsible relationship, must be at least 18 years of age and not be a blood relative, not married to anyone else and not a domestic partner to anyone else and, sole domestic partner and intends to remain so indefinitely (Northrop 2006).
These companies had much controversy surrounding domestic partner benefits. Private organizations are not regulated by any government or state agency and can administer their benefit plans as they see fit.
Insurance companies that offer same and opposite sex domestic partners will have the client sign a hold harmless agreement if the benefit are not offered to both classes of domestic partners. A hold harmless agreement is an agreement between two or more parties; in this case, the insurance company and the policy holder defining an obligation to make good the liability, loss, or damage occurred. The purpose is to waive liability of discrimination when a benefit is offered only to a certain class of employees.
Some companies and corporations already have a history of commitment to diversity. Companies believe it is imperative that the workplace mirror the diversity of the communities in which business is conducted. Some companies that offer domestic partner benefits receive national recognition from organizations such as the Gay, Lesbian, Bisexual, and Transgender (GLBT) Organization, Legal Defense (LAMBDA) and Gay & Lesbian Alliance Against Defamation (GLAAD) for its support. Companies have also built relationships with organizations with the Human Rights Campaign and PRIDE. One of the most honorably mentions is to be listed as one of the "Top 50 Companies for Diversity" list by DiversityInc.com. More than 1/4 of Americans work for an employer who offers domestic partner benefits (U.S. Census Bureau). The gay and lesbian community is a significant segment of the U.S. population and deserves the same benefits as married couples.
Some companies have refused to offer domestic partner benefits for fear of adverse publicity that could lead to a loss of customers. Many of these companies are primarily concerned about religious conservatives who may believe that homosexuality is a sin and view domestic partner benefits as an endorsement of gay relationships. Some fear of public backlash no doubt derives from the well-publicized boycott of the Walt Disney Co. by the Southern Baptist Convention. In 1996, the Southern Baptist Convention, with 15.7 million members, voted to boycott Disney because of its gay-friendly policies (Human 2006). Some companies have suffered negative effects for not offering domestic partner benefits. BMW of North America does not offer domestic partner benefits, but advertises in gay and lesbian publications (Halliday, 2006,). Other auto maker that do not offer benefits to domestic partner are Acura, Honda, Hyundai, Infiniti, Kia, Mini, Nissan, and Suzuki (Gaywheels 2006). There is not a campaign against any of these automakers, the GLBT organization is asking prospecting auto purchasers to take this into consideration. If companies are singled out, the impact could have an effect on the economy. In 2006, the gay and lesbian community collectively controlled about $641 billion in buying power (Halliday, 2006).
I recently spoke with three employees who work for companies that offer same sex and opposite sex domestic partner benefits at three different companies.
• The first was a female in her early 40's whose dependent/partner was a male in his mid- 40's. The couple has been together for 25 years and own a home, boat, cars and vacation property together. Her decision to work for her current employer was not determined by the domestic partner benefits but it will eventually be a factor as they get older. The domestic partner is self employed construction worker and offering benefits to a small group was very expensive and the benefits were not offered.
• The second was a female in her mid-30's who was on the benefit plan of her fiancé. The couple has a child and home together. They are planning to marry but a recent downsizing at her place of employment the plans had to be put on hold. His firm offers same sex and opposite sex domestic partner coverage. If he did not have domestic partner benefits she would have been on a state funded medical and dental plan.
• The third was a male in his mid -30's who covered his same sex domestic partner of 10 years. One of the partners is an artist and can not afford to purchase individual medical or dental coverage. Offering same sex domestic partner benefits was a determining factor when one of the partners was looking for a new job.
The number of employers offering domestic partner benefits have gradually increased over the recent years. The major insurance carriers have been covering same sex and opposite sex domestic partners. The companies and corporations just have to offer the benefits to the employees and their partners. Some of the major carriers include Blue Cross Blue Shield, Cigna, United Healthcare, Aetna, Metlife, Hartford, and Prudential.
The participation of domestic partner benefits is currently low. One factor is many couples are already employed in a professional capacities where he or she already has a full a benefit package (L.S 2006). Another factor is having a comfort level with their situation. Many gay and lesbian employees are not comfortable with letting their employers know their sexual orientation (L.S. 2006). Employees should be able to set up their benefit plans confidentially avoiding the perception that they will be discriminated against. Employers should also set up nondiscrimination policies on the basis of sexual orientations.
The positive impacts of offering same sex and opposite sex domestic partner benefits are becoming an innovation company that changes with the time. Making the employees and their domestic partners comfortable by enforcing an anti-discrimination policy that includes sexual orientation will make strides in the right direction. Many companies are known for being in time warps and not being a diverse workplace. The company will attract employees who are in unmarried relationships and need dependent coverage.
In conclusion, there is a correlation between success in diversity and in business performance. By offering same sex and opposite sex domestic partner benefits will reflect the diversity of the company. Recruiting, developing and retaining talented individuals from all races, ages, genders, and sexual orientations can improve a company's success. A domestic partner benefits program will also improve employees' productivity by alleviating personal stress that may keep them from focusing fully on work. Also, domestic partner benefits can have a positive impact on hiring and retention. Domestic partner benefits provide an inexpensive enhancement to the overall compensation package, and have become one of the hallmarks of a progressive company that values diversity.

References
Armour, S. (2006, June 26). More companies offer benefits to domestic partners. USA Today. Retrieved from the EBSCOhost database.
Halliday, J. (2006, April 17). Gay-advocacy Web site: BMW ads hypocritical. Automotive News, 80, 62. Retrieved August 19, 2006 from the EBSCOhost database.
Halliday, Jean (2006, April 10). Gay-advocacy Web site blasts BMW placements. Advertising Age, 77, 13. Retrieved August 19, 2006 form the EBSCOhost database.
Human Rights Campaign Foundation. Employer that offer domestic partner benefits. Retrieved August 19, 2006 from http://www.hrc.org/Template.cfm?Section=Search_the_Database&Template=/CustomSource/WorkNet/srch.cfm&searchtypeid=3&searchSubTypeID=1 Indiana University. Domestic Partner Coverage's. Retrieved August 19, 2006 from http://www.indiana.edu/~uhrs/dp/dp.html
L.S. (2006, May). Employers continue riding the wave of domestic partner benefits. Employee Benefits News. Retrieved August 19, 2006 from the EBSCOhost database.
Miami University. Domestic partner benefits. Retrieved August 19, 2006 from http://www.units.muohio.edu/prs/personnel/domestic%20partner%20benefits.htm