WHEREAS:

AFSCME has been first among unions demanding equal rights for gay men and lesbians in the workplace. AFSCME has long believed that employment decisions should be made on the basis of an individual's ability to perform a job. Workers should not live in fear of losing their jobs or being denied promotions because of their sexual orientation; and

WHEREAS:

Employment discrimination based on sexual orientation effectively denies qualified individuals equality and opportunity in the workplace. Those who experience this form of discrimination have no recourse under current federal law or under the Constitution as it has been interpreted by the courts; and

WHEREAS:

Title VII of the Civil Rights Act of 1964 provides basic legal protection against employment discrimination on the basis of race, gender, religion, national origin, or disability, but not sexual orientation. The Employment Non-Discrimination Act (ENDA) would prohibit discrimination on the basis of sexual orientation, providing basic protection to ensure fairness in the workplace for Americans who are currently denied equal protection under the law. In October 1995, President Clinton endorsed ENDA, becoming the first U.S. president to endorse legislation to ensure equal rights for lesbian and gay Americans; and

WHEREAS:

In the absence of a federal legal remedy, nine states, the District of Columbia, and more than 160 local jurisdictions have passed legislation to include lesbians and gay men in their laws against job discrimination. In addition, a growing number of employers have adopted employment policies consistent with ENDA and many AFSCME agreements incorporate such protections; and

WHEREAS:

The U. S. Supreme Court decision on Colorado's Amendment 2 was a profound victory for all who believe in basic equal rights and the fundamental principle that all Americans deserve to live free from discrimination. This case was not just about gay men and lesbians. At stake were the very principles of democracy: justice, freedom, and personal liberty. However, despite this ruling, opponents will not stop their attacks; and

WHEREAS:

Many AFSCME affiliates have negotiated domestic partner benefits including health insurance. However, the Internal Revenue Service has taken the position that the value of health insurance benefits provided to the domestic partner of an employee is taxable to the employee, unless that partner qualifies as a dependent under the Internal Revenue Code. Except in limited circumstances, the domestic partner of an employee would not be considered a dependent.

THEREFORE BE IT RESOLVED:

That AFSCME support passage of the Federal Employment Non-Discrimination Act, which prohibits discrimination in employment because of one's sexual orientation; and

BE IT FURTHER RESOLVED:

That AFSCME support fully legislation at all levels of government to guarantee the civil rights of all persons without regard to sexual orientation in public and private employment, housing, credit, public accommodations and public services. Likewise, AFSCME will vigorously fight legislative and other efforts to reduce the rights of people based on their sexual orientation; and

BE IT FURTHER RESOLVED:

That AFSCME councils and locals are encouraged to bargain contract language protecting the employment rights of gay men and lesbians and equal benefit coverage for all members of AFSCME and strive together to obtain coverage for domestic partners as well as traditional families; and

BE IT FURTHER RESOLVED:

That AFSCME support the adoption of federal, state and local policies to remove the penalty of taxation from domestic partner benefits; and

BE IT FINALLY RESOLVED:

That AFSCME urge the AFL-CIO to give issues affecting gay men and lesbians, bisexual and transgendered people, the full and prominent attention and resources given to other human and civil rights issues by the labor movement.

SUBMITTED BY:

George Popyack, Director and Delegate
Virginia Diogo, President and Delegate
Charlene Shores, Treasurer and Delegate
AFSCME Council 57
California