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Labor Dept. says gay couples eligible for family and medical leave

Guidance expected following U.S. Supreme Court decision against DOMA

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Thomas Perez, Civil Rights Division, Justice Department, gay news, Washington Blade
The Labor Department under Secretary Thomas Perez is preparing guidance for gay couples under the Family & Medical Leave Act (Washington Blade file photo by Michael Key).

The Labor Department under Secretary Thomas Perez is preparing guidance for gay couples under the Family & Medical Leave Act. (Washington Blade file photo by Michael Key).

The Labor Department is preparing guidance to inform employers throughout the country that married same-sex couples are now eligible for family and medical leave under the law.

A Labor Department spokesperson affirmed for the Washington Blade the department will issue guidance to inform employers about the change under the Family & Medical Leave Act in the wake of the U.S. Supreme Court decision striking down the Defense of Marriage Act.

“The Wage & Hour Division is working closely with the Department of Justice and looking through all the materials that touch on this issue to determine what public guidance is necessary,” the spokesperson added. “We expect to have additional information available in the near future.”

The Family & Medical Leave Act entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons. Prior to the ruling against DOMA, the Labor Department didn’t require employers to grant married gay couples leave if one spouse in the relationship fell ill and needed  care because DOMA prohibited federal recognition of same-sex marriage. But with DOMA out of the picture, the Obama administration is free to enforce FMLA on behalf of married same-sex couples.

Tico Almeida, president of Freedom to Work, praised the Labor Department for moving forward with this guidance and credited it to the leadership of the recently confirmed Labor Secretary Tom Perez.

“Freedom to Work endorsed Tom Perez for Labor Secretary because we know him to be a champion for good jobs for everyone, so we are thrilled that the Wage & Hour Division is moving forward now with public guidance that will let employers know that gay and lesbian married couples must be treated with respect when they seek workplace leave to take care of a same-sex spouse that gets into an accident or is diagnosed with an illness,” Almeida said.

In 2010, the Labor Department enacted a change with DOMA in place that enabled a gay employee to take absence under the Family & Medical Leave Act to care for a non-legal, non-biological child of a partner. But that change was obstensibly as far as the Obama administration could go with DOMA in place.

Almeida continued to call for further action in the form of additional guidance saying an existing executive order issued under President Lyndon Johnson prohibiting gender discrimination applies to transgender workers as well. Such guidance would align the Labor Department’s enforcement of the directive with the U.S. Equal Employment Opportunity Commission decision last year in Macy v. Holder interpreting Title VII to protect transgender workers.

“We are told by numerous government sources that it was the White House senior staff that decided to disregard American law and ignore Macy vs. Holder for federal contractors,” Almeida said. “These sources say that the White House has forbidden the Labor Department from doing what everyone knows is morally right and legally correct. Given the incredible passion and intellect that Secretary Perez brings to these important issues, we remain hopeful that he will persuade the White House staffers to stand on the right side of American history.”

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7 Comments

7 Comments

  1. Eric Michael Martin

    August 8, 2013 at 3:49 pm

    Oklahoma is not going to like this.

  2. Rann DeStefano

    August 8, 2013 at 5:08 pm

    They need to get over it! (and so does the rest of the country)

  3. Kyle Beacon

    August 8, 2013 at 7:04 pm

    Ugh FB is going to be awful for the next few days… http://i.imgur.com/nfgOgbq.gif

  4. Codger

    August 8, 2013 at 7:39 pm

    It would be helpful if reporters would specify (to the degree possible) whether such rights depend on the place of domicile (dependent of state recognition) or the place of marriage registration (independent). Similarly, institutions such as the Pentagon should be pressed to answer whether a couple already in a lesser legal arrangement, like civil union or domestic partnership, must also marry out-of-state to receive benefits. This seems grossly unfair when such unions were designed to be “separate but equal” legal constructs, “marriages” without the word, as in Hawaii, New Jersey and Colorado.

  5. Kyle Silvers

    August 9, 2013 at 12:07 am

    actually we love it soon the law will be done with and I can legally get married without leaving the state.

  6. Chuck Smith

    August 9, 2013 at 2:32 am

    The big question is…how will they define marriage…by place of residence, or place of celebration? That will make all the difference in the world for the foreseeable future.

  7. Brian St Germain

    August 9, 2013 at 4:29 am

    Luckily I am in California but as a federal employee, I can tell you everything so far that has to do with our benefits has changed to place of celebration (nationwide) for employee benefits. I suspect that will also be the case with federal tax return filings, stay tune!

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Politics

Rachel Levine: Efforts to deny health care to trans youth are ‘politics’

Former Pa. health secretary opened Victory Fund conference

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Assistant Health Secretary Rachel Levine speaks at the Victory Fund's 2021 International LGBTQ Leaders Conference in D.C. on Dec. 2, 2021. (Washington Blade photo by Michael Key)

Assistant Health Secretary Rachel Levine on Thursday criticized efforts to prevent transgender youth from accessing health care.

“Unfortunately, some have fought to prevent transgender youth from accessing the health care that they need,” she said in a speech she delivered at the opening of the Victory Fund’s 2021 International LGBTQ Leaders Conference that took place in-person at the JW Marriott in downtown D.C. “This is politics and this politics has no place in health care and public health and they defy the established standards of care written by medical experts.”

Levine was Pennsylvania’s Health Secretary until President Biden nominated her to become assistant secretary of health.

She became the first openly trans person confirmed by the U.S. Senate in March. Levine in October became a four-star admiral in the U.S. Public Health Service.

The conference will take place in-person and virtually through Sunday.

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VIDEO: Biden addresses advocates on World AIDS Day

President says end to transmission ‘within striking distance’

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President Biden addressed advocates on World AIDS Day.

President Biden, in remarks delivered Wednesday at the White House in recognition of World AIDS Day, said to advocates in the fight against HIV/AIDS the end to HIV transmission was near.

“It’s because of you and it’s not hyperbole to suggest that we are within striking distance of eliminating HIV transmission, within striking distance,” Biden told attendees in the East Room.

Joining Biden in the East Room were Secretary of Health & Human Services Xavier Becerra and Gabriel Maldonado, an HIV/AIDS Advocate and founder of TruEvolution, a Riverside, Calif.-based LGBTQ group.

Biden also during his remarks touted having made the appointment of Harold Phillips to lead the White House Office of National AIDS Policy — a position that had gone vacant throughout the entirety of the Trump administration.

Notably, Biden talked about the Ending the HIV Epidemic plan, an initiate health officials started in the Trump administration, by saying was to beat HIV domestically by 2030. That was initial target date when the initiative, but Biden had campaigned on defeating by HIV by 2025 to the skepticism off observers.

Watch Biden full remarks below:

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Biden recognizes LGBTQ survivors in World AIDS Day statement

In contrast, Trump consistently omitted sexual minorities

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President Biden recognized LGBTQ people as among the survivors of the HIV/AIDS epidemic on Tuesday in a statement recognizing World AIDS Day, marking a departure from consistent omissions of the LGBTQ community under the Trump administration.

“Ending the HIV epidemic is within our reach, and we are committed to finishing this work,” Biden said. “On World AIDS Day, we rededicate ourselves to building on the progress of the last 4 decades; upholding and advancing human rights; supporting research, science, and data-driven solutions; expanding access to housing, education, and economic empowerment; and fighting stigma and discrimination. No one living with HIV should suffer the undeserved guilt and prejudice that too many continue to experience.”

Biden, as the world recognizes World AIDS Day on Dec. 1, enumerates LGBTQ people as survivors in a paragraph acknowledging the coronavirus pandemic has presented new obstacles in efforts to beat HIV/AIDS.

“The COVID-19 pandemic has added to the challenges our heroic health care and frontline workers face, yet they continue to deliver essential HIV prevention services and provide vital care and treatment to people living with HIV,” Biden said. “The pandemic has also interrupted HIV research and highlighted the work that still remains to achieve equitable access to HIV prevention, care, and treatment in every community — particularly for communities of color, adolescent girls and young women, and the LGBTQI+ community.”

The inclusion of LGBTQ people in a statement recognizing World AIDS Day stands in contrast to statements from President Trump, who consistently declined to mention the LGBTQ community in each of his statements. The consistent omissions took place even though top health officials under the Trump administration started the Ending the HIV Epidemic initiative, which seeks to beat HIV/AIDS by 2030.

Last year, White House Press Secretary Kayleigh McEnany, asked by the Washington Blade why the LGBTQ community was missing from the 2020 statement, responded with a false statement Trump was the first to observe World AIDS Day by adorning the White House with a large red AIDS ribbon. In fact, the practice began under President George W. Bush and had continued through Obama and Trump administrations.

The inclusion of LGBTQ people in Biden’s World AIDS Day statement is consistent with former President Obama mentioning LGBTQ people as among the survivors of HIV/AIDS in his final World AIDS Day statement. In 2016, Obama acknowledged “gay and bisexual men, transgender people, youth, black and Latino Americans, people living in the Southern United States, and people who inject drugs are at a disproportionate risk” of the disease.

Biden in his World AIDS Day statement says his administration “remains steadfast in our efforts to end the HIV epidemic,” ticking off policies his administration has pursued, including a budget request of $670 million to fight HIV/AIDS domestically and support for global initiatives to fight HIV/AIDS, which he said has save more than 21 million lives.

“This remarkable progress over the past 18 years has been made possible through strong, bipartisan United States leadership and American generosity,” Biden said.

Read Biden’s full statement below:

WORLD AIDS DAY, 2021
 
– – – – – – –
 
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA
 
A PROCLAMATION
For decades, World AIDS Day has been recognized as an opportunity for people around the world to stand together in the fight against HIV.  This year on World AIDS Day, we are focused on addressing health inequities and inequalities and ensuring that the voices of people with HIV are at the center of our work to end the HIV epidemic globally.

While we have made remarkable progress in the 40 years since the first-known reported case of AIDS, this disease remains a serious public health challenge — and we join the international community to honor and remember the more than 36 million people, including 700,000 Americans, who have tragically died from AIDS-related illness since the start of the epidemic.  We also renew our commitment to stand with the nearly 38 million people living with HIV around the world as we pursue our shared goal of ending the HIV epidemic.

The COVID-19 pandemic has added to the challenges our heroic health care and frontline workers face, yet they continue to deliver essential HIV prevention services and provide vital care and treatment to people living with HIV.  The pandemic has also interrupted HIV research and highlighted the work that still remains to achieve equitable access to HIV prevention, care, and treatment in every community — particularly for communities of color, adolescent girls and young women, and the LGBTQI+ community.

My Administration remains steadfast in our efforts to end the HIV epidemic, confront systems and policies that perpetuate entrenched health inequities, and build a healthier world for all people. Earlier this year, I reinstated the White House Office of National AIDS Policy to coordinate our efforts to reduce the number of HIV infections across our Nation.  This week, my Administration is releasing an updated National HIV/AIDS Strategy to decrease health inequities in new diagnoses and improve access to comprehensive, evidence-based HIV-prevention tools. This updated strategy will make equity a cornerstone of our response and bring a whole-of-government approach to fighting HIV.

My budget request includes $670 million to support the Department of Health and Human Services’ Ending the HIV Epidemic in the U.S. Initiative — to reduce HIV diagnoses and AIDS-related deaths.  My Administration has also strengthened the Presidential Advisory Council on HIV/AIDS by adding members from diverse backgrounds who bring the knowledge and expertise needed to further our Nation’s HIV response. 

My Administration is committed to helping the world end the AIDS epidemic as a public health threat by 2030.  Through the United States President’s Emergency Plan for AIDS Relief (PEPFAR), we have saved more than 21 million lives, prevented millions of HIV infections, and supported at least 20 countries around the world to reach epidemic control of HIV or achieve their ambitious HIV treatment targets.  This remarkable progress over the past 18 years has been made possible through strong, bipartisan United States leadership and American generosity.  Now, together with partner governments and communities, my Administration is setting a bold vision for achieving sustained epidemic control of HIV by supporting equitable health services and solutions, contributing to improved health for all in PEPFAR-supported countries, and working with the Global Fund to Fight AIDS, Tuberculosis and Malaria; UNAIDS; and other regional and local partners toward the goal of ending the HIV epidemic everywhere.

Ending the HIV epidemic is within our reach, and we are committed to finishing this work.  On World AIDS Day, we rededicate ourselves to building on the progress of the last 4 decades; upholding and advancing human rights; supporting research, science, and data-driven solutions; expanding access to housing, education, and economic empowerment; and fighting stigma and discrimination.  No one living with HIV should suffer the undeserved guilt and prejudice that too many continue to experience.  We must innovate and explore new ways to help address HIV/AIDS in communities here at home and around the world.

NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim December 1, 2021, as World AIDS Day.  I urge the Governors of the United States and its Territories, and the American people to join the HIV community in activities to remember those who have lost their lives to AIDS and to provide support, dignity, and compassion to those living with HIV.

IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of November, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth.
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