‘Gee … You Don’t Act Gay’

There’s a new level of awareness training needed around sexual orientation, says attorney Marc Cohen. Your employees and your interviewers are saying things like, “Gee, you don’t act gay” (or “You didn’t sound black”). There’s generally no ill will intended by these remarks, but that doesn’t mean that they are acceptable, Cohen says.

In fact, he adds, “The defense of ‘I didn’t mean it to be hurtful or discriminatory’—that’s of no consequence.”

Are remarks like “You don’t act gay” illegal? “Maybe not,” Cohen answers, “But if you’re making others uncomfortable, why do it”? So train your managers not to make these kinds of statements, Cohen says.

Cohen and associate Marc Scheiner made their remarks at the recent SHRM Legal and Legislative Conference in Washington, DC. Both attorneys are associated with the WolfBlock law firm in Philadelphia.

Here’s another example, says Scheiner. Your interviewer sees a wedding band on the applicant’s finger and says, “Tell me about your wife.” (Or “Tell me about your husband.”) You may have just put a gay person in an uncomfortable spot. Whoops.

“You don’t think this is happening,” says Cohen, “but it happens every day.”

Managers of small HR departments have found the special help they need in a unique BLR® product—Managing an HR Department of One. Examine it at no cost or risk for 30 days. Get more information.

Questions You’ll Get from Applicants

On the flip side, you’d better prepare your interviewers for applicant questions such as these, Scheiner says:

• Do you offer domestic partner benefits?
• Do other company policies, such as family leave, include domestic partners?
• Is your organization a comfortable environment for GLBT people?
• What percentage of your workforce is gay?
• May I talk to one of your openly gay employees?

Picky Policy Issues

Cohen identifies several policy issues for HR managers to consider.

• Do you need to amend your “employment of relatives” policy to include domestic partners and civil union partners? 
• Do you want to establish a family leave policy for domestic partners and civil union partners? (Cohen notes that the federal Family and Medical Leave Act (FMLA) definition of “immediate family member” does not include domestic partners or civil union partners.)
• Should you consider including domestic partners and civil union partners in your “bereavement leave” policy?
• Does your “dress code/apparel” policy need revision?

Cohen advises employers to be aware that under the Employee Retirement Income Security Act (ERISA) and tax laws, domestic partner benefits are generally taxable income to the partner. Check with your carrier before making benefits changes.

Finally, says Cohen, keep your eye out, because there are a number of bills proposed or waiting to be proposed that may alter this landscape.

Dealing with changing policies—that’s just one of what, a dozen challenges that will hit your desk today? Harassment accusations, sudden terminations, intermittent leave headaches, accommodation requests? Let’s face it, in HR, if it’s not one thing it’s another. And in a small department, it’s just that much more challenging.

We asked our editors if there was any special help directed right at the smaller—or even one-person—HR office. They say Managing an HR Department of One is unique in addressing the special pressures small HR departments face. Here are some of the features included:

—Tutorial on how HR supports organizational goals. This section explains how to probe for what your top management really wants, and how to build credibility in your ability to deliver it.

Feel like you’re all alone in HR? Take on a partner—Managing an HR Department of One. Examine it at no cost or risk for 30 days. Get more information.

—Overview of compliance responsibilities, through a practical 2-page chart of 21 separate laws with which HR needs to comply. These range from the well-known Fair Labor Standards Act (FLSA) and FMLA to lesser known, but equally critical rules such as Executive Order 11246. Also included are federal and state posting requirements. (Proper postings are among the first things a visiting inspector looks for … especially now that the minimum wage has been changing repeatedly.)

—Training guidelines. No matter what your company size, expect to do training. Some of it is required by law. Some of it is just good business sense. Managing an HR Department of One walks you through how to train efficiently and effectively, in the least amount of time, and for the least money.

—Prewritten forms, policies, and checklists. These are enormous work-savers! Managing an HR Department of One has more than 50 handy tools , from job apps and background check sheets to performance appraisals and leave requests, in both paper and on CD. The CD lets you easily customize any form, policy, or checklist with your company’s name and specifics.

If you’d like a more complete look at what Managing an HR Department of One covers, click the Table of Contents link below. Or better yet, take a look at the entire program. We’ll send it to you for 30 days’ evaluation in your own office with no obligation to buy. Go here, and we’ll be happy to make the arrangements.

Download Table of Contents
Order or Get More Information

Other Recent Articles on HR Policies and Procedures:
Sexual Orientation—No Law, But Cases Go to Court-HR Daily Advisor-BLR
Award Programs? Be Wary of Legal Pitfalls-HR Daily Advisor-BLR
Retention? Who Needs to Worry About That?-HR Daily Advisor-BLR
PEDs: Exit Ramp for Your Confidential Data? HR Daily Advisor-BLR