Young associates at progressive firms may not realize that a mere quarter-century ago, companies did not offer domestic partner benefits. It took the New York City weekly paper, The Village Voice, to take the landmark step of offering domestic partner benefits in 1982. Now a majority of Fortune 500 corporations provide health insurance benefits to employees' same-sex domestic partners.1
But has the Midwest, with its nationwide reputation for "traditionalism" and for friendly, close-knit communities, kept pace with more-progressive regions of the country in providing benefits for domestic partners?
Columbus, Ohio: "Test Market USA"
Because of its mix of races, incomes, and balance of urban and rural living, Columbus, Ohio (U.S. Census 2005 population estimate, 730,657), is often referred to as a "typical" American city.
"Our community has been dubbed 'Test Market USA,'" says Elizabeth Wetherby, chief human resources officer of Bricker & Eckler LLP, which is housed in a nationally registered historic Victorian Gothic building in Columbus. "Columbus is considered to be a typical American city. The city has a diverse economy based on education, insurance, health care, and technology. Money magazine named Columbus the eighth best large city in the United States."
Beginning in 2007, Bricker & Eckler amended their insurance plan to cover same-sex domestic partners. Although they have yet to receive an inquiry from any of their 330 employees, Wetherby says management felt offering domestic partner benefits was a clear choice.
"We endeavor to be equally inclusive in all areas and believed we might have employees with an interest in these benefits. We thought about whether to extend coverage to same- and opposite-sex relationships, but our view is that in opposite-sex relationships, individuals have the opportunity to get coverage through marriage, but it obviously is not an option for same-sex couples."
Bricker & Eckler offers a comprehensive program of benefits, including medical, dental, and vision care, an employee assistance program, short- and long-term disability insurance, life insurance, and a 401(k) program.
Kansas City, Missouri: "The Heart of America"
Kansas City is the most populous city in Missouri, the seventh largest city in the Midwest, and the 40th most populous city in the United States. The U.S. Census estimated that the city had a population of 444,965 in 2005. "KC," as it's called, is located at almost the exact geographical center of the continental United States and is nicknamed the "Heart of America."
Established in Kansas City in 1889, Shook, Hardy & Bacon LLP has grown to more than 1,507 employees worldwide, with 502 attorneys.
–Tina L. Harris
"Kansas City is a wonderful, great city," says Tina L. Harris, of counsel and director of Strategic Diversity Initiatives for Shook, Hardy & Bacon. "KC may not be as progressive as, perhaps, California. Nevertheless, people are so willing here to do the right thing. Sometimes people have a vision about Kansas City that there are cows walking down the street. But in fact we've got world-class museums and fabulous restaurants, and because we're located in the middle of the country, you can get anywhere in two hours. There are a lot of wonderful benefits here, and people should come learn about Kansas City. There are no cows walking down the street and you'll be welcomed with open arms."
At Shook, Hardy & Bacon, health insurance, FMLA (Family and Medical Leave Act) leave, and bereavement leave are open to domestic partners. The firm recently changed its maternity leave policy to a parental leave. Time off is the same for the primary caregiver, regardless of whether that person gave birth to or adopted a baby.
Domestic partner benefits at Shook, Hardy & Bacon cover both same- and opposite-sex partners, and everyone in the firm is eligible for them. The firm continually looks at its policies and procedures to ensure they represent diversity.
"It's important to have good domestic partner benefits because we're striving to be an inclusive work environment," says Harris. "It wouldn't make sense to have every aspect of your population feel comfortable in your environment except LGBT. Part of our job as lawyers is to bring justice. It would be ridiculous to seek justice everywhere in the world, except for in the four walls of our building."
The Cost to Insure Domestic Partners
According to the Human Rights Campaign Foundation, a civil rights organization working for LGBT equality, one of the reasons that employers hold back from offering domestic partner benefits is a perceived additional cost, especially for gay couples. Salary.com explains that there is a concern that male same-sex partners will be at a greater risk for HIV/AIDS, but in actuality, no credible data supports this.
Does it cost more or is it more difficult to administer benefits for domestic partners?
"Not at all," says Wetherby, who has been at Bricker & Eckler for two years. "I installed these same types of benefits in my prior position in Philadelphia for eight years, and I've never experienced any negative consequences, cost or otherwise."
Verification of domestic partner relationships vary at different companies. Employers often define the relationships as being "long-term," with the partners responsible for each other financially and emotionally.
"We have a process to qualify if someone has an interest in the domestic partner benefit," says Wetherby. "It takes the form of an affidavit that is completed by the subscriber and domestic partner. It's not a difficult thing, but just establishes that the relationship is an entrenched one. It states that the relationship has been in place for at least six months."
Harris reports that at her firm no vendors have requested a verification of an employee's domestic partner status.
Reaching Out to Employees
Some employees might be reluctant to inquire about domestic partner benefits, especially if it is a same-sex relationship. Both firms interviewed for this article offer an array of methods to make their employees aware of domestic partner benefits and diversity programs.
"We have an Open Enrollment memo, and in that memo we spotlight changes to our plans and enhancements and point our employees to changes they should be aware of in terms of making their annual insurance selections," says Wetherby. "We also have an internal company electronic newsletter that's a tremendous communications tool."
The firm's inclusive practices and education efforts have paid off. In 2005, Bricker & Eckler was named "Best Place to Work in Central Ohio" by Business First magazine, based on a survey of employees. They were nominated again in 2006, but didn't participate.
"We had learned a lot because the 2005 survey results were shared with us," says Wetherby. "We elected not to do the contest the next year but we probably will in the future, because you learn things that otherwise might not have our attention."
The Human Resources Department provides the main communications about benefits at Shook, Hardy & Bacon.
"We have an internet site that has all our policies and benefits on it," explains Harris. "We've got a great benefits resource line. You call and leave a voice mail question and get an answer back. People can also ask questions to anybody on the Diversity Committee and we'll find the answer for them."
Diversity Efforts in the Midwest
Kansas City Census data reports that 60.7 percent of residents are Caucasian and 39.3 percent are non-Caucasian; in Columbus, 67.9 percent of residents are Caucasian and 32.1 percent are non-Caucasian. Both Bricker & Eckler, and Shook, Hardy & Bacon have their diversity recruitment efforts cut out for them.
"We were the first large law firm in Columbus to admit an African American male and an African American female as equity partners," says Wetherby. "We're proud of that. We have a number of minority partners of racial representation among these both female and male partners who are tremendously active in the legal community. From other diversity directions, we're seeing a lot of generational issues. People are working into much later years. We look at work/life balance and how can we impart some flexibility into their situation.
"It's a wonderful firm and our partners are good people. Beyond being tremendous lawyers, they make decisions every day that are in the employee's best interests. I've been in other law firms where I had to be the conscience or voice in the ear of the partner, to say we shouldn't do that or we should do this. Here, I have the partners coming to me and asking, 'This is a great thing, why don't we do this for our employees?'"
Harris says Kansas City offers multiple job prospects. "I always tell diverse law students that they can come here and take over. I used to live in Chicago and love Chicago, but it's different. There's almost a satisfaction of having a diverse work environment; there's no hunger anymore. We're hungry here. It's going to be a while before we're satisfied. That means that there're a lot of opportunities here that there may not be in other cities," concludes Harris. DB
- The State of the Workplace 2005–2006," Human Rights Campaign Foundation, available online at www.hrc.org/Content/ContentGroups/Publications1/State_of_the_Workplace/SOTW2005-2006.pdf.
From the July/August 2007 issue of Diversity & The Bar®