One of the first
tests for Washington State's new gay civil rights law
has an intriguing twist: The complaint was filed by a
heterosexual woman. The state's discrimination
watchdogs are investigating the complaint, which
claims that unmarried straight people should get the same
domestic-partner benefits as their gay and lesbian coworkers.
But officials are treading carefully, Human
Rights Commission director Marc Brenman said, because
upholding the claim could set a sweeping new precedent
for Washington businesses. "We have to proceed very, very
cautiously because we could be creating new policy for
employers and other entities in the state," Brenman
said Tuesday.
The complaint, filed last week, is one of four
that have spawned full-fledged investigations under
the sexual orientation section of Washington's
antidiscrimination law. It was signed by Sandi Scott-Moore,
a Redmond-based employee of manufacturer Honeywell
International. Scott-Moore claims that health
insurance coverage for her male partner was denied
because the unmarried couple is not of the same gender.
Scott-Moore did not return phone messages
seeking comment about the complaint, which the
Associated Press obtained through a state open records
request. Honeywell spokesman Robert Ferris said the company
does provide health benefits for the partners of its
gay and lesbian employees and has a zero-tolerance
stand on discrimination.
But the company disagrees with Scott-Moore, he
said in a statement. "We believe the claim filed with
the Washington State Human Rights Commission is
without merit and plan to vigorously defend our
position," Ferris wrote.
The state law at issue was expanded earlier this
year, when state lawmakers added sexual orientation to
an existing law that prohibits discrimination in
housing, employment, lending, and insurance. It went
into effect in July.
The measure was aimed squarely at protecting
Washington's gay, lesbian, bisexual, and transgender
residents. But its language is broader, banning any
discrimination based on sexual orientation.
Joseph Fuiten, chairman of the conservative
Faith and Freedom Network, said opponents of the gay
rights measure predicted scenarios such as the
Honeywell-related complaint. "[Gays and lesbians] basically
said, 'Treat us fair, treat us the same as everybody
else,'" Fuiten said. "I don't know how you're going to
get around treating heterosexuals the same."
Brenman said the commission has been deliberate
with the Honeywell complaint, including outreach to
state pension and insurance regulators and planned
meetings with private businesses to discuss the policy
implications. "In order to finish the investigation, we're
going to have to figure out what the policy is,"
Brenman said, adding, "There's a big controversy about
this, and we're going to have to work through it."
Jennifer Pizer, a lawyer for the gay rights
group Lambda Legal, said similar cases have been
raised elsewhere without much success. But the group
generally supports efforts that are aimed at ending
discrimination, she said.
"It's marital status discrimination. You're
telling people, in essence, they will be paid less"
because they can't get the same benefits, Pizer said.
The three other complaints being investigated
under the law, according to records provided by the commission:
Harborview Medical Center security guard Tyler
Joseph Miller, who said he was harassed on the job
because he is openly gay. A Harborview spokeswoman
declined to discuss personnel issues but said the hospital
thoroughly investigates discrimination claims.
Van Ethan Levy, who said he quit a job at
Olympia's Best Buy store because of harassment over
his female-to-male transgender status. A spokeswoman
for the retailer declined specific comment but said the
company does not tolerate discrimination.
An unfair housing allegation from G. Jane
Spencer-Watkins, who said she was harassed and evicted
from a Gig Harbor RV park because she is transgender.
A manager at the park declined comment, and a message left
for a property manager was not immediately returned. (AP)