District Must Provide Equal Benefits to Domestic Partners
FOR IMMEDIATE RELEASE:
June 12, 2008
CONTACT:
ACLU Communications Office, (786) 363-2737 or media@aclufl.org
Rand Hoch, Palm Beach County Human Rights Council, 561-358-0105 rand-hoch@usa.net
WEST PALM BEACH, Fla. – The American Civil Liberties Union of Florida and the Palm Beach County Human Rights Council (PBCHRC) today announced success in a three-year struggle to win equal employee health benefits for members of domestic partnerships working at the Palm Beach County School District. Neighboring Broward and Miami-Dade School Districts already have similar policies in place.
The ACLU and PBCHRC filed complaints with the Palm Beach Office of Equal Opportunity (OEO) on behalf of two employees alleging discrimination, Tamayo v. Palm Beach County School District and Dilthey v. Palm Beach County School District. ON June 10th, the OEO determined that the school district is indeed in violation of the Palm Beach Equal Employment Ordinance, which makes it illegal for the District to discriminate when providing family health benefits, regardless of marital status. Both Tamayo and Dilthey were subject to premiums of three to ten times higher for their domestic partners.
"Although it took the Palm Beach County Human Rights Council several years to convince the School Board to offer domestic partner health insurance, we were more than disappointed in 2005 when the District decided to charge employees with domestic partners over $4,200 more per year than it charged married employees,” said Rand Hoch, PBCHRC President. “Since 2005, the Council repeatedly told school board members and school district administrators that charging higher premiums was discriminatory. After years of being ignored, the Council finally brought in the ACLU.
"For years PBCHRC has advised School Board Members that the school district is subject to the County's Equal Employment Ordinance, and for years the district's general counsel has told them that he did not agree," added Hoch. "Hopefully these rulings will encourage the school district to enact a non-discrimination policy that conforms to the law."
Early in 2005 the Human Rights Council approached the school board to discuss offering the full range of domestic partner benefits to district employees. After numerous attempts in writing and at school board meetings the issue was not addressed for several years, leading the Human Rights Council to consider filing charges of discrimination against the school district with the County’s Office of Equal Opportunity.
ACLU cooperating attorney James K. Green filed the complaints with the OEO, leading to this week’s favorable ruling for Tamayo and Dilthey. The parties are now contemplating civil litigation against the school district.
“The School Board can’t say with one hand that they support equal benefits, while simultaneously using the other hand to shun their employees,” said James K. Green, West Palm Beach-based ACLU cooperating attorney. “We are thrilled at the OEO’s decision, and will be here to assist both Tamayo and Dilthey in their efforts to achieve equality.”
Copies of the OEO’s decision can be found at http://www.aclufl.org/pdfs/dilthey.pdf and http://www.aclufl.org/pdfs/tamayo.pdf
The American Civil Liberties Union (ACLU) of Florida is freedom's watchdog, working daily in the courts, legislatures and communities to defend individual rights and personal freedoms guaranteed by the Constitution and the Bill of Rights. For additional information, visit our Web site at: www.aclufl.org.
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