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Employee discrimination case sets precedent for gay partner benefits
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May 2006- Gay & Lesbian Advocates & Defenders (GLAD) applauded a
decision this week by the New Hampshire Merrimack Superior Court that
the New Hampshire Community Technical College System is committing
sexual orientation discrimination when it denies benefits to the
partners of gay or lesbian employees.
The decision can be seen as a mandate for the state to provide benefits
to the partners of all state employees.
“This case is about equal pay for equal work,” said Karen Loewy, a GLAD
lawyer. “As long as same-sex partners are excluded from marriage, an
employer cannot use marriage as an eligibility as requirement for
benefits. It’s simply not fair.”
Bedford & Breen vs. New Hampshire State Technical College System
originated with Patricia Bedford and Anne Breen. Ms. Bedford, a
nine-year employee of the college system, is Director of Student
Services. She and Vivian Knezevich, her partner of 14 years, live in
Concord with their three-year-old son Christopher.
Ms Breen, who has worked at the college for 16 years, is Director of
Security. She and Kathleen Doyle, her partner of 28 years, live in
Salisbury with their 10-year-old son Matthew.
“I’m very happy with the decision and that I’ll be able to provide my
family the same benefits and protections that my married colleagues
can,” said Ms Breen. “Like anyone with a job, I think it is fair to
received the same compensation as my co-workers for doing the same
work.”
“Now I’ll be able to cover my partner with health insurance, take time
to care for her when she’s sick, or, God forbid, use bereavement leave
if I should ever need it,” said Patricia Bedford.
The decision reverses a prior New Hampshire Commission for Human Rights’
finding of no probable cause in claims brought by two state employees
who filed sexual orientation discrimination claims. GLAD appealed to the
New Hampshire Superior Court of Ms Bedford and Ms Breen.
The Court’s reversal of the Commission states, “New Hampshire Law
prohibits marriage between persons of the same sex and does not
otherwise provide a means for same-sex couples to legally sanction their
committed relationships… Thus, same-sex partners have no ability to ever
qualify for the same employment benefits unmarried heterosexual couples
may avail themselves of by deciding to legally commit to each other
through marriage.”
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