Pride Law--Your Source for LGBT Legal Issues brought to you by Tsamis Law Firm, P.C.

Let Chaz Dance

2011-09-07T07:27:00.000-07:00

Transphobia (fear of transgender/transsexual people) is alive and well in America. Indeed the terms "transgender" and "transsexual" are often used interchangeably to refer to a group of people who do not identify with their birth sex or sex assigned at birth (in the case of people who have both male and female genitalia).

The situation with Chaz Bono participating as a male partner in "Dancing with the Stars" clearly illustrates the stigmatization faced by trans Americans. For example, take a moment and read some of the blogs discussing Chaz's situation and you will easily see that people, in general, are not comfortable with trans people.

For those of you that don't know, Chaz Bono, birth-female of the wildly famous and popular celebrity Cher, underwent sexual reassignment surgery from birth-female to male. Chaz wants to compete in the show as a male. America seems not okay with this.

Though Chaz's situation is entirely unique--child of famous celebrities wanting to participate on a TV show--the barriers trans people face on a daily basis is not unique and is a very real and serious problem. Not only do trans people face discrimination in many aspects of daily life, but they are often victims of violent crimes and suicide.

Let's give a round of applause to Chaz Bono for bringing the plight of trans people to the American dialogue of current issues.

Same-Sex Marriages Out of Bounds

2011-08-24T14:18:00.000-07:00

So long as federal DOMA and state mini-DOMAs remain in place, same-sex marriages and other legal unions for same-sex couples will remain out of bounds when the couple is no longer in the state that legally sanctioned their relationship. If you need proof, look to the tragedy that has unfolded in Indiana, following the stage collapse at the Fairgrounds. The same-sex wife of a 42 year-old woman who was killed there has filed the first wrongful death lawsuit against the state and three construction companies. The only problem is that the couple was legally wed in Hawaii; Indiana not only refuses to recognize the legality of same-sex unions, but rather, outright prohibits them by law. Consequently, the surviving widow is not permitted to receive "compensation" for her spouse's death pursuant to Indiana's wrongful death law because the law only recognizes spouses and next-of-kin, which Indiana says the widow is not.

The problem illustrated by this tragic case is just the tip of the iceberg. Cases where the legal status of a relationship is discounted occur frequently. In fact, it is a free-for-all once a same-sex couple leaves the boundaries of the jurisdiction in which their relationship is legally validated. Although having vital legal instruments drafted--wills, powers of attorney, funeral directives--is an important step in protecting the legal validity of a same-sex relationship, it is not enough. As long as DOMA and mini-DOMAs remain in place, the courts will be allowed to interfere with the orderly administration and distribution of important personal and property rights.

My guess is that some states will take a creative approach and begin recognizing out-of-state same-sex civil unions and marriages for the limited purpose of efficiently and economically disposing of property rights. If courts refuse to honor out-of-state same-sex unions even for the purpose discussed here, the people in these unions should seriously consider avoiding visiting those states. Here is the message to Indiana and states like it: gay money will not come to your state until and unless you honor and recognize the legal validity of our relationships.

Gay Employees: Risky Medical Hires?

2011-07-07T11:55:00.000-07:00

Gary Glenn of the America Family Association and Linda Harvey of Mission America want to turn the clock back on worker rights and eliminate anti-discrimination laws designed to protect a broad class of workers.

Recently, on Harvey’s radio show, Glenn pronounced that gays and lesbians are poor employment risks because of the severe medical consequences associated with being gay. Harvey went further to say: You’re right. And higher rates of domestic violence and unstable relationships. I would not think of a homosexual person as a good employment risk, I just wouldn’t.

You might be wondering what prompted the comments. Holland, Michigan is considering an anti-discrimination ordinance that would protect LGBT people against employment discrimination. A group of right-leaning organizations paid for a full page ad in the local paper whereby they sought to debunk “myths” about “homosexuals.” The ad was allegedly paid for by Refresh Foods which is a supplier of Campbell Foods.

For those that are outraged because of the obnoxious comments concerning gay and lesbian employees, think again. Glenn and Harvey’s comments not only “profile” gay and lesbian employees as hiring risks, they profile people with medical conditions. Pursuant to the Americans with Disabilities Act (ADA), a federal law passed in 1990, an employer cannot refuse to hire someone because of a perceived disability. Perceived disability discrimination occurs when the employer treats the employee unfairly because the employer believes the employee is disabled when he/she is not, has an unreasonable bias against the perceived disability or medical condition or, without a proper basis, believes that the perceived disability or medical condition may change for the worse in the future.

Hmmm….this sounds like what Glenn is instructing America’s employers to do. Here’s a newsflash for Glenn, Harvey, and their cronies: The ADA is a federal law that applies to most companies. Whether the employee is gay or lesbian an employer or prospective employer cannot consider the person’s purported medical condition or susceptibility to acquiring medical conditions when making employment decisions. Sounds like these people need to spend a little more time familiarizing themselves with national hiring laws and practices. Clearly they are clueless.

Same-Sex Divorce in Illinois

2011-07-06T08:49:00.001-07:00

June 1, 2011, was the first day that same-sex relationships received legal civil union recognition in the state of Illinois. Civil unions give gays and lesbians the same legal benefits and obligations of marriage as their heterosexual counterparts. While nobody thinks about the end of their relationship on the day of their wedding or civil union, proper access to the court system has been exclusive to heterosexual divorce. The focus of this post is about proper access to the court system for dissolution of same-sex relationships, also known as “same-sex divorce.” If you have any specific questions or concerns you should contact an attorney that is familiar with LGBT issues. Our firm is prepared to handle such cases. You can contact us for a free case evaluation at www.tsamislaw.com.

The same day civil unions became law, Illinois also saw it’s first filing for a divorce between two men. In Peoria County Circuit Court at 8:30 am, two men—who had been married in Canada—filed for divorce after 5 years together. The case opens up a lot of questions about how the court system is going to handle, and could set a significant precedent for future divorces for gay couples.

In the case out of Peoria, the two men were married in 2006 and when they eventually moved to Illinois for the job of Husband 1. They purchased a series of homes together, and Husband 2 renovated the homes instead of finishing his education. In an unfortunate accident Husband 2, hurt his back beyond the point of being able to return to work. In the divorce filing, Husband 2 is asking the court to award him alimony (or spousal support maintenance) because he gave up his career to follow the primary income earner and is no longer in a position to return to work.

In most heterosexual divorce proceedings the courts are much more likely to give alimony to the female spouse than the male spouse (though the law is written neutrally). In same-sex divorce proceedings this is uncharted territory. This case is the first in the state to test whether or not the courts are actually prepared to handle these open questions and apply rules of equity to same-sex marriages.

Illinois courts have said that they are ready to handle the dissolution of these relationships, but the first few cases will really determine how they are going to be handled in terms of assets division, alimony, child support, etc. Cook County Circuit Court Clerk, Dorothy Brown, issued a statement that her office is prepared with the necessary court forms to handle the dissolutions.

If you are thinking about getting a divorce in Illinois there are certain requirements that may be applicable in your situation. The best option is to contact an attorney to evaluate your case, and help you navigate the court system. You may contact our firm at our website: www.tsamislaw.com.

Civil Unions--the Law of the Land in Illinois

2011-06-01T06:44:00.000-07:00

Starting today, civil unions are the law of the land here in Illinois. This is an amazing day for the LGBT community in Illinois and a very significant step in the fight for full equality.

I want to share with you some of the nuances around civil unions, and what it is they actually purport to do. Please know this is general information, and should not be considered legal advice (actionable or otherwise). Before taking any legally consequential step you should contact a licensed attorney. If you have any questions about your particular situation or civil unions more specifically, you should contact a licensed attorney. Feel free to contact my law firm for a free case evaluation at www.tsamislaw.com.

Civil unions are legally recognized relationships in the State of Illinois, between two people (civil unions are available to both gay and straight couples in Illinois). This recognition confers all legal obligations, responsibilities, protections, and benefits as afforded to or recognized by the law of Illinois to spouses. Some of the key features are:

• The ability to own property jointly, including the presumption that the property obtained by either partner after joining in a civil union is owned jointly;

• The right to make decisions about one another’s medical care if either of you is unconscious or otherwise unable to make those decisions;

• Rights to keep private your conversations and to avoid testifying against one another;

• The right to share the same nursing home room;

• Pension protections for surviving partners;

• Workers’ compensation benefits for partners of employees who are accidentally injured or killed at work;

• The ability to recover for your partner’s wrongful death;

• Intestacy rights to ensure that your surviving partner will receive some or all of your property if you die without a will.

• The ACLU of Illinois has created a great resource outlining additional benefits and obligations at: http://www.aclu-il.org/wp-content/uploads/2011/02/ACLU-of-Illinois-FAQ-on-Civil-Unions.pdf

The process to enter into a civil union is very similar to that of entering a marriage. You must fill out an application at the county clerk’s office and pay all applicable fees. The clerk will then issue a license and certificate for the civil union. After the issuance the union must still be certified by a judge, a retired judge, a county clerk in counties with more than 2,000,000 inhabitants, by public officials who may solemnize marriages, or by an officiate in accordance with any religious denomination, Indian Nation or Tribe or Native Group.

The timeframe is identical to a marriage license. The certification must be done within 60 days of the issuance of the marriage license and certificate. It is important to note religious organizations are NOT required to officiate the ceremony; however, if your religious organization is recognized as an officiating body in the State of Illinois they may officiate the ceremony if they wish.

If the local county clerk refuses to issue a license and certificate to you on the basis of your sexual orientation, you may consider contacting an attorney. Feel free to contact my firm for a free case evaluation at www.tsamislaw.com.

I will be posting more about civil unions in the future, especially if there are changes or issues you should be aware of so check back frequently

Female Transgender Hobby Lobby Employee Denied Use of Women's Restroom

2011-05-15T04:45:00.001-07:00

Meggan Sommerville, a transgender employee who has worked for Hobby Lobby in Aurora for a number of years has filed two charges of discrimination alleging Hobby Lobby discriminated against her when it denied her use of the women’s restroom and then wrote her up for using the men’s restroom. Betty Tsamis of Tsamis Law Firm PC in Chicago represents Meggan.

Meggan began to transition from male to female in July 2010. That same month, Ms. Sommerville legally changed her name from Mark Thomas Sommerville and additionally had her Illinois Driver’s License gender marker changed from male to female. Hobby Lobby management has prohibited Meggan from using the women’s restroom in the store where she works. Meggan has been forced to use the men’s restroom. However, this is very distressing to Meggan, who presents a female. Additionally, using the men’s restroom is not reasonable. If forced to use the men’s restroom, Meggan waits until there are no men using the facility. On February 23, 2011, Meggan, who couldn’t wait for the men’s room to be vacant, used the women’s restroom was written up for using it. Meggan has modified her workplace intake of fluids to minimize being forced to use the men’s restroom and she waits for her lunch break to walk to a nearby business to use its women’s restroom.

“Transgender employees in Illinois are protected against discrimination in the terms and conditions of employment. We believe having access to an appropriate restroom facility is a term and condition of employment. Denying someone such access because of their gender identity violates the Illinois Human Rights Act,” said Meggan’s attorney, Betty Tsamis. “Since the restrooms are available to the general public, we believe Hobby Lobby’s actions violate the public accommodations protections of the IHRA,” Tsamis additionally said.

Same-sex couple says bed and breakfast won't host civil union ceremony | ksdk.com

2011-02-24T14:30:00.000-08:00

Same-sex couple says bed and breakfast won't host civil union ceremony ksdk.com

The Other Side

2011-02-24T11:22:00.000-08:00

The Wathen case--the two gay men that were denied access to the services of two B&B's continues to receive tremendous media attention. Most recently, local affiliates of CBS, NBC, and ABC have picked up the case and offered coverage. Today we offer a look at "The Other Side," through the attached link.

We also break the news that one of the Wathens, Mark, is now publicly identifying himself after coming out to his employer earlier today and advising the employer of the current events. Mark said his employer was "amazing" with him. To add credibility to the case and public message, Mark believes it is important that he stand publicly with Todd in this fight.

In sharing the publicity this case has received and will continue to receive, I want to post a view from "the other side." This article is sad to me because first, it is inaccurate (it claims neither of the B&B's offer 'ceremoinies') and second, it further degrades gay people and encourages violations of the law.

Although anyone is entitled to express an opinion in America (in most instances), one should not be allowed to hide under the cloak of "opinion" when something they do or say violates the law. Discrimination on the basis of sexual orientation in provisions of goods, services, and lodging is illegal in Illinois. Once upon a time, it was lawful to not allow black and white people to marry or get a hotel room together. It was also lawful to exclude people from service in restaurants, lunch counters, restrooms, drinking fountains etc. based on their color. As a country, we have come a long way, but apparently not long enough.

After all the vitriol, the linked story encourages people to pray for the inn owners. But alas, I find that my conscience calls upon me to pray for everyone in this case: the inn owners so they can come from a place of love and inclusion, the Wathens so they can have their legal rights and dignity restored, myself (since the article mentions me and I know people do strange things with guns), and our society that we will not have too much to be ashamed of when looking back on how we treated gay people.

http://www.illinoisfamily.org/news/contentview.asp?c=35169

More on Gay Men Denied Civil Union Reception

2011-02-22T16:44:00.000-08:00

This case continues to receive a rising tide of media interest. We would really like to hear from you if you have had a similar experience with either of the two businesses or another Illinois business.

Latest News on Illinois Men Denied Civil Union Ceremony

2011-02-21T16:51:00.000-08:00

TimberCreek remains adament about its disgusting views of LGBT people and the shocking content of its emails to Todd Wathen.

http://www.wandtv.com/global/Category.asp?c=182814&clipId=5589942&topVideoCatNo=102191&autoStart=true

Facebook adds civil unions option to profiles

2011-02-21T12:41:00.000-08:00

Facebook adds civil unions option to profiles

Bigotry Watch: The GOP's war on women and children

2011-02-21T12:38:00.000-08:00

Bigotry Watch: The GOP's war on women and children

Gay Men Refused Civil Union Ceremony at Illinois B&B's

2011-02-19T09:07:00.000-08:00

Todd Wathen and his partner were jubilant when Illinois enacted recent legislation permitting civil unions between same sex couples. The law goes into effect June 1, 2011. Their jubilation, however, quickly turned to shock when the partners, who are planning their civil union, were blatantly denied access to the special events services of two Illinois bed and breakfast inns that advertise publicly for such services. Tsamis Law Firm PC represents both men in this matter. http://www.tsamislaw.com/.

One inn owner emailed Mr. Wathen that even if it was the law, his business would never host gay weddings or civil unions. Several days later, the inn owner sent another email to Mr. Wathen citing various biblical verses “detailing how the Creator of the Universe looks at the gay lifestyle” and denouncing gay people.

The two men have filed complaints with the Illinois Attorney General and the Illinois Department of Human Rights alleging violations of the Illinois Human Rights Act which prohibits discrimination on the basis of sexual orientation by businesses open to the public.

We are interested in hearing from any other members of the LGBT community that may have experienced discrimination in seeking goods and services in Illinois.

Civil Unions

2011-02-17T08:43:00.000-08:00

On January 31, 2011, Governor Quinn signed into law the Illinois Religious Freedom Protection and Civil Union Act, which will go into effect on June 1, 2011.

Illinois now joins a handful of states, most recently, Hawaii, in offering civil unions which grant various state rights to unmarried couples. Although the civil union law has not yet taken effect in Illinois, many questions are being debated: do employers have to offer insurance benefits to employee's civil union partners? Can non-religious institutions (reception halls, hotels) deny a civil union celebration because of their religious beliefs? Must an employer grant time off to an employee to care for his/her seriously ill civil union partner? Will the dissolution of a civil union partnership now be treated like a divorce? Is it still true that my civil union partner will not inherit my property if I die without a will? Will my civil union partner be allowed to make medical decisions for me if I become incapacitated and do not have a medical power of attorney?

In May 2011, Tsamis Law Firm will host a complimentary panel of experts that will discuss these emerging legal issues and how they impact those who plan to enter into civil unions. Watch our blog for further imnformation.

Mayor Daley Will not Seek Reelection

2010-09-13T08:19:00.000-07:00

Mayor Daley announced last week that he will not seek reelection. What this means for Chicago's LGBT community is not yet clear nor will it be until a new administration takes office. What IS clear, however, is that Mayor Daley is and has always been a friend to the LGBT community for many years. He is not only a friend but an advocate and a decision-maker that made good on the promises he made to the LGBT community (unlike some other politicians that have courted our vote and not kept their promises once in office). I remember years ago walking behind Mayor Daley in a march organized to protest violence against LGBT people. The march was organized after gay men were being shot on Halsted Street. Mayor Daley also has supported pro-LGBT initiatives and has come out in support of gay marriage (the latter which he has no power to authorize, however). He has created a city government that is not only friendly to our community but values our community by earmarking funds for LGBT programs and placing LGBT people in positions of influence and authority within his administration. True, I am not a fan of the parking meter debacle. And, I am greatly concerned about the city's economic status. But, I support Mayor Daley's continuing vision of Chicago as a great epicenter of business, culture, and opportunity. My parents settled in Chicago in 1966 from Greece. This is the only other home they have known.

In 1995 I left Chicago because I fell in love with a woman who lived in another state. I lived in San Diego and Colorado. Both places were beautiful with weather more desirable than Chicago's. But neither were....well... Chicago. I returned five years ago. I returned to this amazing, vibrant city and I don't regret a single thing about my return. I love Chicago and it has loved me. I love that this city loves me--a member of the LGBT community. I love that the city's administration has put its money where its mouth is on LGBT issues. That is why I am so concerned about who will hold the keys to the City next year and I think you should be concerned, too. I plan to be involved in my ward's election and in the citywide election. I think you, too, should be involved whether its by donating money to the campaigns of good candidates or by volunteering some of your time.

Though many people remain uninvolved in local elections, it is the local elections that can have the largest impact on our day-to-day lives. Are you sick of that pothole you keep forgetting to miss? Call your alderman's office. Are you scared because people are getting mugged or homes broken into on your block? Call your alderman's office. Snow removal problems? Call your alderman's office.Do you wonder why the business district in your neighborhood is increasingly being dotted by "for-rent" signs? Call your alderman's office. Have you noticed that there are a lot of homeless people in your neighborhood asking for money? Call your alderman's office. Are you worried about the quality of the schools in your area and don't know where your child will attend school? Call your alderman's office? Yes, these issues can and are addressed at the local level by your alderman. An effective alderman can impact the quality of your daily life beyond your assumptions. An effective alderman and mayor will impact your immediate life more than most elected officials and this, in my opinion, is enough reason to be involved in the forthcoming elections. I hope you will agree and be part of the process.

Army Discharges Lt. Dan Choi, 'Don't Ask' Critic Who Told

2010-07-23T10:08:00.000-07:00

Army Discharges Lt. Dan Choi, 'Don't Ask' Critic Who Told

Amid a fierce national debate on whether the U.S. military should abolish the antiquated "Don't Ask, Don't Tell," the Army moves to discharge openly gay officer Lt. Dan Choi. Lt. Choi received quite a bit of attention as one of a group of military personnel who handcuffed themselves to the gates of the White House to protest "Don't Ask, Don't Tell." Lt. Choi was not discharged because of his civil disobedience in the handcuffing incident. He was discharged solely and only because he is gay.

http://current.newsweek.com/budgettravel/2010/05/hotels_expedia_adds_gaywelcomi.html

2010-07-15T06:50:00.000-07:00

http://current.newsweek.com/budgettravel/2010/05/hotels_expedia_adds_gaywelcomi.html

I'm curious to know how many LGBT people believe they have been discriminated against in lodging accommodations because of their LGBT status? Some forms of discrimination are overt while others are quite subtle, such as arriving at a hotel with your same-sex partner where you are about to check into your reserved king size bed room. Upon arrival, the desk clerk looks you both over and informs you that a king size bed room is not available but you can have a room with two queens (no pun intended). Shortly, thereafter, an opposite sex couple arrives and suddenly a king size bed room has just opened up. There is no federal law prohibiting discrimination in housing, public accommodations, or employment for LGBT people. But, LGBT people can fight back with our money. We can and should "out" those establishments that discriminate against us. It is equally important, however, to "out" and praise those establishments that treat us with dignity and respect.

2010-07-10T06:48:00.000-07:00

A Massachusetts federal district court ruled that the Defense of Marriage Act interferes with the right of a state to define marriage and, therefore, denies married gay couples some federal benefits to which they may be entitled.

The rulings apply to Massachusetts, but if a higher court, such as the 1st Circuit or the Supreme Court were to hear the case and agree with the Massachussetts district court's ruling, there would be wide-reaching implications. The Obama administration, which has a right to appeal the ruling, has been silent on the issue.
Massachusetts had argued the law denied benefits such as Medicaid to gay married couples in the state, where same-sex unions have been legal since 2004.

The judge agreed and said the law forces Massachusetts to discriminate against its own citizens to be eligible for federal funding in federal-state partnerships.

The act "plainly encroaches" upon the right of the state to determine marriage, the judge said in his ruling and in a separate but similar DOMA ruling, the judge said the act violates the equal protection clause of the U.S. Constitution.

During the litigation, Obama's Department of Justice had argued the federal government had the right to set eligibility requirements for federal benefits, including requiring that those benefits go only to couples in marriages between a man and a woman. Wow! Is this the same guy (Obama) who claims to be supportive of LGBT rights?

Mombian » Blog Archive » New Results from Largest Study of Lesbian Families Show Children Happy and Healthy

2010-07-08T17:25:00.000-07:00

Mombian » Blog Archive » New Results from Largest Study of Lesbian Families Show Children Happy and Healthy

Children of Lesbian Parents Well-Adjusted, Happy & Healthy

Iranian Family Campaigns to Save Mother, Sakineh Mohammadi Ashtiani, From Stoning

2010-07-06T13:42:00.000-07:00

Iranian Family Campaigns to Save Mother, Sakineh Mohammadi Ashtiani, From Stoning

In countries such as Iran, that apply the tenets of the Bible literally, brutally stoning a woman to death for alleged adultery is perfectly acceptable. I wonder if such a practice would ever be acceptable to the people of those U.S. who advocate for literal application of the Bible's tenets? The answer is, obviously no. Why then do some people, in the name of religion and Biblical interpretation believe it's appropriate to discriminate against LGBT people? The Bible has existed for thousands of years. In those thousands of years it has been translated many times over and interpreted by various people. I'm guessing that the messages of God and Jesus have been somewhat distorted and adjsuted to suit the political and social goals of the various editors. Nevertheless, it is clear that certain dictates of the Bible, such as stoning a woman to death, will not be tolerated in contemporary civilized societies such as the in U.S. and all Western other countries. Why then should we continue to tolerate blatant discrimination and denial of human rights to our LGBT citizens in the name of religion?

Wisconsin Supreme Court Upholds Ban on Gay Marriage

2010-06-30T18:16:00.000-07:00

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Transgender Inmates Have Right to Therapy

2010-06-30T18:14:00.000-07:00

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Thou Shalt Not Hate

2010-06-30T17:16:00.000-07:00

This week, the U.S. Supreme Court issued a 5-4 ruling that the University of California law school's refusal to give official student group status to a Christian student group that excluded gays was a reasonable application of the school's nondiscrimination policy. The issue at stake was whether or not the University violated the Christian group's right to free speech, free association, and the exercise of religion by withholding official recognition and funding of the group because the group discriminates against gays and lesbians. The decision does not prevent the group from existing; it merely prevents the group from benefitting from university funding, some of which is acquired by tuition paid by those very students this nefarious group sought to exclude.

Taking the principle one step further, that we should not have to pay the way for those that hate us, has anybody questioned why we, as LGBT taxpayers, must contribute to the salaries of the public servants who so actively hate us and legislate against us? Just wondering if anybody else is bugged out by this. I know I am.

How to "Out" Yourself without Meaning to

2010-06-29T09:52:00.001-07:00

More and more employers are conducting sweeping campaigns to find out what their employees are up to while at work and away from work. This bit of detective work can yield a bounty of information about an employee's political views, social connections, job happiness, and highly private facts such as sexual orientation. Depending upon what you post publicly or text on company-provided technology, your employer could easily infer many things about you. Perhaps you have complained about how management treats employees? Your employer might infere you are a trouble maker and eventually terminate you. Or, your employer might infer you are gay. This wouldbe problematic if you work for someone who holds negative views about LGBT's. Privacy laws do not apply when you post information in a setting in which a reasonable person would not have an expectation of privacy (i.e. Facebook, Tweet, etc). Privacy laws also do not apply if your employer has given you fair warning and notice that certain activities can, might, and will be monitored such as computer use, use of company cell phones, pagers, and more. Troubling also is the fact that most forms of discrimination are subtle. Most managers are savvy enough to never leave smoking guns. For example, although it is generally illegal to terminate employees for complaining about terms and conditions of employment, savvy employers will creatively and lawfully frame the reason for the termination as something different. What then can employees do to protect their job security and their own confidential information?

I think employees should be careful of what they post. This is the "duh" factor but many of us, myself included, can sometimes forget. Employees should assume their employer will read anything and everything they have ever written. Moreover, assume your future employer(s) will do the same. This does not mean don't participate in online activity. It simply means be smart and aware of the ramifications your posts may have.

I would be interested in hearing from anyone who has been terminated for something they have posted on a public online forum.

Gay Pride

2010-06-26T07:28:00.000-07:00

June is universally regarded as Gay Pride Month across the country in observance of the Stonewall "rebellion" that occurred in June 1969 in New York City. The rebellion was one of first impression. It was a rebellion by members of the LGBT community who responded with collective anger to years of police abuse and harassment of LGBT people. This event galvanized the LGBT movement in the U.S. and served as the impetus behind the modern LGBT movement. Many younger LGBT's who do not have first-hand experience (myself included) of the era when being LGBT was criminal, may not fully appreciate the sacrifices our predecessors made so that we can be openly LGBT and even have a parade without being arrested. In the 1950's and 1960's it was not uncommon for LGBT people to be rounded up in bar raids, arrested, have their names published and the local paper, and suffer great economic and social damage. Many LGBT's lost their jobs and families as a result of these "witch hunts." Therefore, I think it is important to recognize a moment of silence for all those who came before us and paved the road for the rights we often take for granted and yet get to enjoy. Our situation may not be perfect (we still don't have gay marriage and we lack a federal law protecting LGBT's against discrimination in the workplace) but we have come far.

Family Medical Leave Benefits & LGBT's

2010-06-26T07:25:00.000-07:00

The U.S. Department of Labor (DOL) recently issued new interpretive guidance on the Family Medical Leave Act (FMLA). For covered employers (50 or more employees within a 75 mile radius and all public employers), the FMLA entitles an employee to 12 workweeks of leave for the birth or placement of a son or daughter, to bond with a newborn or newly placed son or daughter, or to care for a son or daughter with a serious health condition. In order to qualify for the leave, an employee must have worked for that employer for 12 months and 1,250 hours. The definition of “son or daughter” under the FMLA includes not only a biological or adopted child, but also a “foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis.”

In loco parentis is commonly understood to refer to someone who has put himself in the situation of a lawful parent by assuming the obligations incident to the parental relation without going through the formalities necessary to legal adoption. The key in determining whether the relationship of in loco parentis is established is found in the intention of the person allegedly in loco parentis to assume the status of a parent toward the child. The intent to assume such parental status can be inferred from the acts of the parties. Whether an employee stands in loco parentis to a child is a fact issue dependent on multiple factors. (ALL LEGAL CITATIONS OMMITTED.)

The new DOL guidance specifically mentions the application of the new interpretation to same-sex couples with children and unmarried persons with children. The new guidance does not, however, address time off to care for an unmarried partner with a serious medical condition, although it will be interesting to see if the Obama administration moves to reinterpret the term “spouse” in the FMLA.