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Coming Out
of theCubical
Presenter: Anthony Romo
Career Services Manager
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Anthony Romo
Education:California State University, Fullerton
Bachelors of Business Administration,
Concentration in Marketing
Marketing Experience:
Law and Medical
National Staffing Experience:
Act1 Group of Companies
AIG
PG & E
Microsoft
Time Warner CableBlue Cross Blue Shield Association
Bakersfield!
Non-Profit:
Youth Minister, St. Pius X Parish
Founder, Whittier PFLAG
Of the cubicalComing Out
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Non-discriminationpolicies, benefits andother practices thatinclude LGBT workers are
essential for U.S.businesses as theycompete for talent andcustomers.
Several professionals donot know what rights areprotected and notprotected within the
workplace.
Of the cubicalComing OutCompany Forecast
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Federal law does not protect employees fromdiscrimination based on real or perceived genderidentity or sexual orientation, although manycities, counties and states have such protections.
A clear and defined non-discrimination policywith respect to conditions of employment --including hiring, promotions, termination andcompensation -- that includes "gender identity orexpression" and "sexual orientation" in additionto federally protected classes such as age, race,sex, religion, national origin and disability is an
essential baseline policy for LGBT inclusion.
Of the cubicalComing OutFederal Law
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Federal law mandates that employers notdiscriminate on the basis of race, color,religion, sex (including pregnancy),national origin, age or disability. Federallaw does not yet protect employees
from discrimination based on real orperceived gender identity or sexualorientation.
The majority of states do not have laws
protecting employees fromdiscrimination based on real or perceivedsexual orientation or gender identity,although states are passing such lawseach year.
Of the cubicalComing OutFederal vs. State Law
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Employers can enact theirown policies to applyconsistently across theirorganization.
You can still be terminatedin over half of the UnitedStates for being identifiedas GLBT.
Private religious sectors areprotected from state anti-discrimination laws.
Of the cubicalComing OutWorkplace Discrimination
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Employers compensateemployees through morethan just wages andsalary by providing
benefits such as healthinsurance and dentalcare.
Employers can createtheir own definitions of"domestic partner" forthe purposes of benefitseligibility.
Of the cubicalComing OutDomestic Partner Benefits
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When discussing Domestic Partner Benefits, it
is important to be aware of the numerous
laws that provide, and often restrict,
numerous benefits to people in certain types
of relationship.
Of the cubicalComing OutBenefit Restrictions
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Under this law, enacted by Congress in 1993,certain employers must grant employees up to 12work weeks of unpaid leave during any 12-monthperiod to care for parents (except in-laws),children or spouses in the event of a serioushealth condition, or for the birth or adoption of achild. Under the FMLA, the term "spouse" isdefined as "a husband or wife as defined or
recognized under state law for purposes ofmarriage in the state where the employeeresides, including common-law marriage in stateswhere it is recognized."
Of the cubicalComing OutFamily Medical Leave Act
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As with an FSA, medical expenses incurred by
or on behalf of domestic partners (and their
children) that are not qualifying dependents
under Internal Revenue Code Section 152 are
not eligible for tax-free reimbursement from
an HSA.
Of the cubicalComing OutHealth Savings Accounts
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Enacted by Congress in 1995, COBRA requires
most employers to offer employees the
opportunity to pay for their own continued
health coverage for themselves, their spouses
or former spouses and dependents in the
event that their coverage ends due to events
such as divorce or termination.
Of the cubicalComing OutConsolidated Omnibus Budget
Reconciliation Act (COBRA)
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18 or older
Not related to each other
Live together
Not currently in a domesticpartnership, civil union ormarriage with a different person
Mutually responsible (fiscally andlegally) for each other
In an intimate, committedrelationship of at least sixmonths' duration*
Of the cubicalComing OutDomestic Partnership
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Read all benefit paperwork
Be very aware of your
environment
Test your market
(interviewing)
Keep your personal
business at home
Of the cubicalComing OutJudging Comfort
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Be a Professional!
Thank you