Employment Law Updates | New Proposed Legislation

July 26, 2010

New York State Senate Majority Extends Rights To LGBT Couples

An Act to Amend the Civil Rights Law, in Relation to Authorizing Funeral or Bereavement Leave for Same-Sex Committed Partners
S6177A, 6/28/2010

New York State Senate Majority Extends Rights To LGBT Couples

The Senate Democratic Majority has passed legislation (S6177A ) that allows individuals involved in same-sex relationships to be granted funeral or bereavement leave from their place of employment.

The bill, spearheaded by Senator Velmanette Montgomery (D-Brooklyn), extends this privilege that was previously granted only to employees that are married, adding a section to the civil rights law that prohibits its employers from discriminating in the granting of funeral or bereavement leave to its employees who are in a “committed,” same-sex relationship.  A “committed” relationship is defined as a long-term relationship characterized by emotional and financial commitment and interdependence.  It also orders the granted leave to be extended on the same basis as if offered to married employees.

It passed 50-11; this legislation has also passed the Assembly.

“This bill recognizes the fact that love, loyalty and dedication are the cornerstone of any committed relationship regardless of a person’s sexual orientation. It does not require that preferential treatment be given to employees in same-sex relationships. It merely provides that bereavement leave be granted to individuals involved in same-sex relationships on the same basis as those granted to employees who are married,” said Senator Montgomery, who is also a sponsor of the marriage equality bill authored by Senator Thomas Duane (D-Manhattan).

For many years, individuals in same-sex relationships who are barred from civil marriage were often not granted bereavement leave to attend the funeral of their partner or partner’s family.  This fails to recognize the significance that any committed relationship has, and the value that committed relationships contribute to our communities.

Senate Democratic Majority Conference Leader John L. Sampson said, “Same-sex individuals have been barred from civil marriage, and for far too long those couples have been refused the opportunity to have bereavement leave like their married counterparts.  I commend this legislation’s compassionate efforts to allow same-sex couples the chance to console each other in times of mourning.”

Senator Andrea Stewart-Cousins (D/WF-35th District) said, “I was devastated when my husband died in 2007.  Somehow I can’t believe that a loss of that magnitude feels any less painful based on sexual orientation.  I support this legislation because the grieving process should be respected for everyone.”

Senator Neil Breslin (D-Albany) said, “Many couples throughout the state are involved in committed relationships of financial and emotional interdependence.  It is more than appropriate for those couples to be able to give emotional support to their partner in times of grief and heartache.  A number of more open-minded companies with domestic partnership policies now allow bereavement leave for same-sex couples, and I applaud this legislation that opens up this benefit to all same-sex couples.”

Also See:

EEOC Updates Guidance on Employer Use of Arrest and Conviction Records

Jobs Bill for New Veterans Would Enlist Local Business Leaders as Mentors

Domestic Partnership Benefits and Obligations Act Clears Senate Committee

Justice Department Will Not Challenge Worker Rights Consortium's Designated Suppliers Program for Collegiate Apparel

US Labor Department Publishes Revised List of Products Made with Forced or Indentured Child Labor

Companies Mentioned

Employment Law

The following companies are mentioned in Employment Law Updates:

Equal Employment Opportunity Commission

Ontario Police Department

City of Ontario

Arch Wireless Operating Company, Inc.

DP Manufacturing, Inc.

Auto Crane Company

Hosanna-Tabor Evangelical Lutheran Church and School

B & D Contracting

Metropolitan Government of Nashville and Davidson County, Tennessee

Watkins Motor Lines, Inc.

Agere Systems, Inc. f.k.a. Lucent Technologies, Inc.

Tulsa Winch, Inc.

Ramsey Winch, Inc.

Norris

Industrial Division of the Communications Workers of America

Visteon Corp.

ConocoPhillips

Google, Inc.

U.S. Airways, Inc.

AT&T Corp.

Rosen Louik & Perry, P.C.

FBL Financial Group, Inc.

Granite Rock Company

International Game Tchnology

International Brotherhood of Teamsters

Manhattan Apartments Inc.

International Brotherhood of Teamsters, Freight Construction, General Drivers, Warehousemen & Helpers, Local 287 (AFL-CIO)

J. Kaz, Inc.d.b.a. Craftmatic of Pittsburgh

State Lottery Commission of Indiana d.b.a. The Hoosier Lottery

Association of Professional Flight Attendants

Kellogg Brown & Root technical Services, Inc.

AMR Corp.

Service Employees International, Inc.

American Airlines, Inc. a.k.a. American Eagle

Zurich American Insurance Co.

Highgate LTC Management, LLC

Autozone, Inc.

Southwestern Bell Video Services, Inc.

Temco Service Industries, Inc.

SBC Telecom, Inc.

14 Penn Plaza LLC

SBC Services, Inc.

City of Philadelphia

Pacific Telesis Group

Northeastern Land Services, Ltd. d.b.a. NLS Group

Pacific Bell Telephone Co.

LA Weight Loss, Inc. n.k.a. Pure Weight Loss, Inc.

Pacific Bell Information Services

Gold’n Plump Poultry, Inc.

Advanced Solutions, Inc.

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