WHEREAS:

AFSCME has led the way among unions demanding equal rights for gay men, lesbians, bisexual and transgender individuals 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:

AFSCME affiliates have successfully negotiated health and welfare benefits for members and their domestic partners; and

WHEREAS:

The Internal Revenue Service has determined that domestic partners are not spouses for tax purposes, making the fair market value of domestic partner health benefits taxable to the employee; and

WHEREAS:

Married spouses can pay insurance premiums for their spouses with pre-tax dollars while unmarried employees with domestic partner health coverage must always pay premiums for domestic partner health benefits with after tax dollars; and

WHEREAS:

Regardless of sexual orientation or gender identity, members in committed relationships that are not legally recognized, are, in effect, paid less than co-workers whose legal spouses receive such benefits without the employee incurring a tax penalty.

THEREFORE BE IT RESOLVED:

That AFSCME continue to 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 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 against legislative and other efforts to reduce the rights of people based on their sexual orientation; and

BE IT FINALLY RESOLVED:

That AFSCME join with other labor organizations and work towards and support strategies amending federal, state and local tax rules and policies to remove the domestic partner tax penalty.

SUBMITTED BY:

Thomas Paine Cronin, President and Delegate
AFSCME Council 47
Pennsylvania