Coming out of the cubical

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    Coming Out

    of theCubical

    Presenter: Anthony Romo

    Career Services Manager

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    Anthony Romo

    Education:California State University, Fullerton

    Bachelors of Business Administration,

    Concentration in Marketing

    Marketing Experience:

    Law and Medical

    National Staffing Experience:

    Act1 Group of Companies

    AIG

    PG & E

    Microsoft

    Time Warner CableBlue Cross Blue Shield Association

    Bakersfield!

    Non-Profit:

    Youth Minister, St. Pius X Parish

    Founder, Whittier PFLAG

    Of the cubicalComing Out

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    Non-discriminationpolicies, benefits andother practices thatinclude LGBT workers are

    essential for U.S.businesses as theycompete for talent andcustomers.

    Several professionals donot know what rights areprotected and notprotected within the

    workplace.

    Of the cubicalComing OutCompany Forecast

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    Federal law does not protect employees fromdiscrimination based on real or perceived genderidentity or sexual orientation, although manycities, counties and states have such protections.

    A clear and defined non-discrimination policywith respect to conditions of employment --including hiring, promotions, termination andcompensation -- that includes "gender identity orexpression" and "sexual orientation" in additionto federally protected classes such as age, race,sex, religion, national origin and disability is an

    essential baseline policy for LGBT inclusion.

    Of the cubicalComing OutFederal Law

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    Federal law mandates that employers notdiscriminate on the basis of race, color,religion, sex (including pregnancy),national origin, age or disability. Federallaw does not yet protect employees

    from discrimination based on real orperceived gender identity or sexualorientation.

    The majority of states do not have laws

    protecting employees fromdiscrimination based on real or perceivedsexual orientation or gender identity,although states are passing such lawseach year.

    Of the cubicalComing OutFederal vs. State Law

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    Employers can enact theirown policies to applyconsistently across theirorganization.

    You can still be terminatedin over half of the UnitedStates for being identifiedas GLBT.

    Private religious sectors areprotected from state anti-discrimination laws.

    Of the cubicalComing OutWorkplace Discrimination

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    Employers compensateemployees through morethan just wages andsalary by providing

    benefits such as healthinsurance and dentalcare.

    Employers can createtheir own definitions of"domestic partner" forthe purposes of benefitseligibility.

    Of the cubicalComing OutDomestic Partner Benefits

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    When discussing Domestic Partner Benefits, it

    is important to be aware of the numerous

    laws that provide, and often restrict,

    numerous benefits to people in certain types

    of relationship.

    Of the cubicalComing OutBenefit Restrictions

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    Under this law, enacted by Congress in 1993,certain employers must grant employees up to 12work weeks of unpaid leave during any 12-monthperiod to care for parents (except in-laws),children or spouses in the event of a serioushealth condition, or for the birth or adoption of achild. Under the FMLA, the term "spouse" isdefined as "a husband or wife as defined or

    recognized under state law for purposes ofmarriage in the state where the employeeresides, including common-law marriage in stateswhere it is recognized."

    Of the cubicalComing OutFamily Medical Leave Act

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    As with an FSA, medical expenses incurred by

    or on behalf of domestic partners (and their

    children) that are not qualifying dependents

    under Internal Revenue Code Section 152 are

    not eligible for tax-free reimbursement from

    an HSA.

    Of the cubicalComing OutHealth Savings Accounts

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    Enacted by Congress in 1995, COBRA requires

    most employers to offer employees the

    opportunity to pay for their own continued

    health coverage for themselves, their spouses

    or former spouses and dependents in the

    event that their coverage ends due to events

    such as divorce or termination.

    Of the cubicalComing OutConsolidated Omnibus Budget

    Reconciliation Act (COBRA)

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    18 or older

    Not related to each other

    Live together

    Not currently in a domesticpartnership, civil union ormarriage with a different person

    Mutually responsible (fiscally andlegally) for each other

    In an intimate, committedrelationship of at least sixmonths' duration*

    Of the cubicalComing OutDomestic Partnership

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    Read all benefit paperwork

    Be very aware of your

    environment

    Test your market

    (interviewing)

    Keep your personal

    business at home

    Of the cubicalComing OutJudging Comfort

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    Be a Professional!

    Thank you