By Josh Denkmire
Rep. Lisa Miller (D-Somerville) feels strongly that Maine should be known as a state with work policies that are family-friendly ˆ regardless of whether that family is a married couple or two people in a same-sex relationship "When two people are committed to each other," said Miller, "they should enjoyˆ
the same workplace benefits as married couples."
The majority of Miller's Augusta colleagues agree with the idea that Maine's gay, lesbian, bisexual and transsexual residents deserve the same rights as heterosexual Mainers. In March, state legislators passed LD 1196, a bill that would make it illegal for employers in Maine to discriminate against individuals based on their sexual orientation. Gov. John Baldacci signed the legislation into law on March 31. However, Maine voters will have the final say ˆ for this year, anyway ˆ on gay rights in Maine: Opponents of LD 1196 have gathered enough signatures to require a referendum on it this November. They are hoping Mainers will reject the state's attempt at this form of legislation ˆ something voters have done twice before.
As controversy abounds over how to define families in Maine, businesses throughout the state are steering clear of political rhetoric and focusing on their ability to compete for skilled employees. For many of them, this means offering the same benefits packages to same-sex partners that they have always extended to employees' spouses and families. Though the outcome of the November referendum is very much in doubt, businesses seem certain that domestic partnership benefits are part of a solid strategy going forward.
According to the Human Rights Campaign, a national organization working for gay, lesbian, bisexual and transgender equality, the Village Voice was the first business in the nation to offer domestic partnership benefits to its employees. Since the New York City weekly took that step in 1982, HRC estimates that 4,300 other employers nationwide have added these benefits.
Those employers include Waterville-based Central Maine Newspapers, which publishes the Kennebec Journal and the Morning Sentinel. The company has been offering domestic partnership benefits to its gay and lesbian employees since early 2003. Karen O'Connor, the company's human resources manager, feels that "these benefits will help with our recruiting. And the employees have responded positively to this change, which should mean positive things for our retention."
The benefit of benefits
And retention, according to Rick Dacri, is a top priority for many firms. Maine companies are "looking for a way to say, 'All potential employees are welcome to our organization,'" says Dacri, president of Kennebunk-based human resources firm Dacri & Associates.
Dacri says those businesses are finding one way to hire and keep the best employees is through extending their full benefits packages ˆ including everything from health insurance coverage to retirement benefits ˆ to domestic partners of employees. Often, companies require that the partners sign an affidavit affirming that they are in a committed relationship before extending these benefits. (For more on employee retention, see "Slowing the revolving door," p. 22.)
Karen Dickson, director of human resources for Maine Coast Memorial Hospital, says domestic partner benefits have been available at the Ellsworth hospital for a year and a half. "About 10" of the 480 eligible employees have signed the required affidavit indicating they own a home or car, and that they have been living together for at least six months, said Dickson.
Chatanooga, Tenn.-based UnumProvident offers domestic partnership benefits to all of its 12,500 employees, roughly 3,600 of whom work in the Portland area. "[These benefits] help us attract and retain employees without throwing up barriers," said Mary Clarke Guenther, a UnumProvident spokesperson.
The company began offering domestic partner benefits in 1994, when it was known as Unum Life. When Unum merged with Provident in 1998, the new company continued Unum's practice of offering the benefits. Though fewer than 100 of the company's employees take advantage of the policy, Guenther said the benefits remain "important to our ongoing recruitment and retention efforts."
Her sentiment is echoed by Dickson, who says Maine Coast Memorial Hospital offers the benefits as a recruitment and retention tool. "There are folks out there that that means a lot to," she said.
Indeed, Dacri says he is seeing more companies offering domestic partnership benefits, though the trend "isn't huge and it isn't loud. Some companies are coming forward in a slow, quiet sort of way." Whatever the approach, Dacri says it "just makes good sense to be offering domestic partnership benefits. It makes no sense to exclude potential employees." He also agrees with the notion that these benefits have a positive effect on retention rates, saying that "the number-one way to get employees to stay is through benefits."
None of the sources interviewed for this story, including several not quoted here, expressed opposition to the concept of domestic partner benefits. In addition, none of the companies that did institute the benefits reported receiving a negative response on the topic from employees, customers or the general public.
A question of diversity
This is not to say that philosophical considerations over gay rights are not a part of this discussion. Most businesses that offer domestic partnership benefits do so at least in part because they feel it is the "practical, right thing to do," as O'Connor of Central Maine Newspapers puts it.
Other companies see offering domestic partner benefits as important in their efforts to attract and retain clients. "Potential customers come to UnumProvident and want to know whether or not we provide these benefits," said Guenther. "These customers want to do business with like-minded companies."
Guenther said UnumProvident customers including the cities of San Francisco and Los Angeles, as well as ice cream maker Ben & Jerry's, have asked the company about its domestic partnership benefits situation. "It's something we look at as a business, but it's also something other businesses look at as they start to establish a business relationship with you," she said.
However, there is one area in which companies that offer domestic partnership benefits can often differ philosophically: the offering of benefits to partners who are not the same sex. UnumProvident offers domestic partnership benefits to individuals regardless of whether they are in a same-sex relationship; they simply ask domestic partners to sign an affidavit similar to that required by Maine Coast Memorial Hospital.
Another company that follows this philosophy is EES/Creative Energy Decisions, a two-person energy services firm in Waterville. Bruce Olson, vice president of EES, receives domestic partnership benefits that cover his girlfriend. Olson said he is amazed when he hears of other companies that offer benefits to same-sex couples but refuse to do so for heterosexual partners. "I think there's a broad misconception that it is not legal," said Olson.
However, in the case of Central Maine Newspapers, the objection isn't on legal grounds but on philosophical ones. The company does not offer domestic partnership benefits to heterosexual couples. "The philosophy is that those couples have an option," said O'Connor. "Same-sex couples don't."
At UnumProvident, the focus remains less on philosophical issues and ongoing debates than on the benefits to the business. Mary Clarke Guenther says that in the end, employees' contribution to the company is what matters. "Our employees' personal relationships don't matter; it's the skill set they bring to the office that's important," she said. "We value their professional contributions."
Third time around
The last time Mainers considered a ban of discriminatory practices against gay, lesbian, bisexual and transgender individuals was in 2000, when the state Legislature passed a similar measure to this year's legislation. Opponents collected enough signatures that year to put the issue to a people's vote; by just under 5,000 votes, Mainers rejected the ban. Two years earlier, Maine voters repealed an already-passed civil rights law for gays and lesbians.
Twelve Maine municipalities currently have their own anti-discrimination ordinances in place. Bar Harbor became the first Maine municipality to pass such an ordinance in April 1998. Municipalities with similar ordinances include Portland, South Portland, Westbrook, Bangor and Orono.
Though Lewiston residents overwhelmingly overturned their own anti-discrimination measure for gays and lesbians in 1993, public efforts to repeal the ordinances in Bangor, Westbrook and Portland have all failed. However, the number of challenges these measures have had to face clearly speaks to a continued and hotly contested debate among Maine's residents over the rights of same-sex couples ˆ a debate that will be front and center this November and likely beyond.
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