 Message from the President Second Annual Conference... Beyond the BeltwayFederal GLOBE Web Site Up and RunningCalendar of EventsProtection for Air Force CiviliansTreasury Procedures for RedressTax Preparation Assistance for People with HIV/AIDSSpecial HIV/AIDS in the Workplace EducationSecond Annual GLOBE Conference ReportWelcome, Kerry Lobel, Executive Director of NGLTFLegislative Update by Helen GonzalezIntroductions, Len HirschDiscrimination Complaints Based on Non-job Related Conduct, Kitti DurhamDomestic Partner Benefits Bill, Kitti Durham Working with your union, Gene Sexton and Ginger HemmingwayFederal Benefits, Gene SextonWorkplace Training Program, Kitti DurhamFederal GLOBE Issues, Rob Sadler |
| SUBMIT YOUR AGENCY GLOBE'S UPCOMING EVENTS and stories to Jeffrey Brooke, Jeft@fedglobe.org, or call (202) 927-6493 (w) or (202) 332-2183 (h). Deadline for the April-June edition is March 15. If possible, include photos--contact Jeff for details. |
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Greetings to current and former Federal GLOBE members, members of agency GLOBE organizations, friends and allies.
I have recently become the President of Federal GLOBE and I encourage your renewed participation in the pioneering work of Len Hirsch, the immediate past President, and Federal GLOBE. The Board and myself are working hard to build membership, restructure relations between Federal GLOBE and the agency GLOBEs, and connect ourselves to the thousands of GLBT Federal employees on the west coast, in the south, the midwest, southwest, and northeast. To truly achieve our aims we must reach out beyond the Beltway.
To that end we have established a web site at the following address: www.fedglobe.org. The site is case sensitive — you must enter it in exactly as it appears.
Our thanks to Annie Rivera and Diane Herz at the Department of Labor for all their hard work in making the Federal Globe web site a reality. For those of you with no access to the Internet, we will still be producing the newsletter—much thanks to Jeff Brooke of Federal GLOBE and John Kerwin, a corporate identity consultant volunteering his time, for the new look and improvements to the newsletter.
We are attempting to put information on the web site as fast as possible. There is a lot of activity concerning: proliferation of non-discrimination statements throughout the Executive Branch, establishment of EEOC administrative procedures for handling complaints of discrimination based on sexual orientation, and progress in the area of domestic partnership benefits.
If you have maintained your membership through our ups and downs, we will continue to count on your loyal support; we are indebted to you. If you have let your membership lapse, please take a look at the web site, witness our progress, and consider re-joining. It is an exciting time — a time when we need your support to make Federal GLOBE effective as an organization.
GLOBE members representing over a dozen federal agencies attended Federal GLOBE's second annual conference in San Diego on November 13, 1997. The day-long conference addressed a broad range of gay, lesbian and bi federal workplace issues. As in 1996, our conference was one attached to the National Gay and Lesbian Task Force's annual Creating Change Conference.
Highlights of the conference are shown below. Federal GLOBE's third annual conference is scheduled for November 12, 1998 in Pittsburgh, at the Westin-William Penn Hotel. Mark your calendar now!
Federal GLOBE is on line! Please check out our web site at www.fedglobe.org. We are very excited about this new development. The web site has great benefits. Individuals can get membership forms, information on starting and running a GLOBE group, contact information, legislative updates, newsletters, meeting announcements, agency GLOBE activities and agency policies on line. The benefits are enormous for our regional members who now have access to policies and contacts that they may not otherwise find. Our thanks go out to Annie Rivera at the Bureau of Labor Statistics, who has volunteered time and energy to this effort. Please send comments, updated agency contacts, and other relevant information for the site to: diane@fedglobe.org.
Federal GLOBE
Mardi Gras Party, February 24 6:00-8:00p.m., location to be announced in the Blade and our Web Site, www.fedglobe.org.
February 3 meeting. Guest speaker, Donna Red Wing, HRC Field Director, will discuss programs with the Marriage Project and Resolution. 6:30p.m. at the Human Rights Campaign office, 1101 14th St., NW.
Portland, OR: Federal GLOBE Members of Portland, Oregon hold a monthly meetings, 3rd Thursday of each month. 5:00p.m. at the Fox and Hounds restaurant. Contact Jerry Trussell on (503) 326-5667.
IRS GLOBE
Washington, DC: Tax preparation assistance for people with HIV/ AIDS at the Whitman Walker Clinic, Saturdays 10 a.m. - noon, Mondays 7p.m. - 9p.m. from Feb. 21 through April 13. For further information about the Washington, DC program, contact George Freeland, (202) 622-4072.
Brookhaven (Long Island) Service Center: Activities this quarter include: Global Warming III clothing drive for Long Island area needy, sponsoring a mentoring program for employee development, and sponsoring a defensive driving course for employees enabling them to receive insurance discounts. Contact John Hannon on (516) 654-6003.
Portland, OR: Tax preparation assistance for people with HIV/AIDS. Contact Jerry Trussell, on (503) 326-5667.
Seattle, WA: Recently updated their Tax Tips for People with HIV/AIDS, which is available on the Federal GLOBE Web Site. Contact Deborah Diamond, on (206) 220-5782.
USDA GLOBE
USDA GLOBE, Washington, meets the second Wednesday of each month, noon to 1:00p.m. Contact Ron Coleman on (301) 344-1918 or rcoleman@ars.usda.gov.
USDA GLOBE, Washington, volunteer night at Food and Friends on the third Thursday or each month. Contact Ron Coleman on (301) 344-1918 or rcoleman@ars.usda.gov.
Air Force Issues Non-Discrimination Policy Statement for Civilians
In one of her last acts as Secretary of the Air Force, Sheila Widnall issued an anti-discrimination policy stating for the first time in writing that the Air Force would not discriminate against civilian employees based on sexual orientation.
On Oct. 29, Widnall issued a memorandum reiterating the Air Force's equal opportunity policies, which she called "straightforward" — "zero tolerance for any kind of unlawful discrimination against military members or civilian employees based on color, national origin, race, religion or sex, and in the case of civilian employees, also age, sexual orientation or disabling conditions." Widnall retired from the Air Force at the end of October.
The Navy has also established in writing that it will not discriminate against civilian employees based on sexual orientation. In 1993, President Clinton interpreted an executive order issued by then-President Carter as protecting all federal workers from job discrimination based on sexual orientation. He instructed all Cabinet-level agencies to amend their non-discrimination policies to explicitly add sexual orientation, if requested to do so by employees.
The Department of Treasury recently issued procedures for redress for those alleging discrimination based on sexual orientation. Responsibility for administering the procedures rests with the EEO organizations of Treasury and it many bureaus. Essentially, sexual orientation discrimination cases will follow EEO procedures while the cases are within the department. Treasury has created a special form for such allegations which can be obtained from any treasury or bureau EEO office.
Several years ago, Treasury Secretary Rubin issued a non-discrimination policy which included sexual orientation. Additionally, after public notice, the department amended the Treasury Employees Rules of Conduct, to prohibit discrimination against anyone in the department as well as those conducting business with the department. The latter covers, for example, taxpayers interacting with the IRS and citizens crossing at U.S. Customs ports of entry. The procedures for redress now supply the administrative mechanisms for dealing with discrimination within the department.
The procedures will be posted to Federal GLOBE's Web Site in the near future. Anyone with questions may contact Jeffrey Brooke, Secretary of Federal GLOBE and U.S. Customs Service employee, on 202-927-6493.
Several of IRS GLOBE's dozen chapters are providing tax preparation assistance for people with HIV/AIDS and their caregivers. This is the fourth year IRS GLOBE has provided this community service.
The VITA Program (Volunteer Income Tax Assistance) program has existed in the IRS for many years. In it, IRS employees volunteer to complete the tax returns for those who need assistance but cannot afford a tax preparer. IRS GLOBE developed the idea to organize and staff VITA sites for people with HIV/AIDS who often face the most complicated taxes of their life—including viatical settlements, disability income, medical expenses—during a time when they have less money available to spend on a tax prepares.
IRS GLOBE's Seattle chapter has also developed a publication of tax tips specifically for people with HIV/AIDS. It is available through Federal GLOBE's web site www.fedglobe.org.
For further information about the program, contact George Freeland, (202) 622-4072.
Many professionals require more extensive "HIV/AIDS in the Workplace" programs than the usual several-hour program offers. Such a program exists for people such as union leaders, Employee Assistance Program counselors, community service representatives, health and safety representatives and trainers.
Chuck Einloth, Director of the HIV/AIDS in the Workplace Education Project at the George Meany Center for Labor Studies in Silver Spring, MD, periodically puts on a week-long HIV/AIDS education program. The curriculum covers the basics of medical information, prevention, and legal issues. This year, the program will focus on the rapidly expanding impact of HIV on women, youth and communities of color, and "return-to-work" issues. The program also focuses on substance abuse and domestic violence as co-factors of HIV risk. The workshop has an excellent faculty and is highly interactive.
The next program will be offered February 8-15, 1998. The cost for the workshop itself is $140 for the class (includes registration and lunches) or $725 for room & board and registration if you stay at George Meany. There are some funds available to help support travel and room & board costs for participants who would like to attend but who have limited funds.
For information and enrollment applications call the George Meany Registrar's office at (301) 4316400 or Chuck Einloth at the HIV/AIDS Project Office at (301) 431-5453.
Welcome, Kerry Lobel, Executive Director of NGLTF (National Gay and Lesbian Task Force)
Kerry Lobel, Executive Director of NGLTF, opened Federal GLOBE's second annual conference. "The Washington Blade," she said, "recently did a story of how many federal agencies had non-discrimination policies and GLOBE groups. You are all to be commended for all of your hard work in the workplace arena. You are at the heart of the grassroots movement. People like to think that DC is the center of politics, but of course it's at the grassroots level, where all of you are, where things get done."
Kerry added that "I recently visited the Oklahoma City bombing site, and I remembered how many people hate our government. And they hate you as federal employees. And being gay or lesbian, you're hated doubly."
"We at NGLTF need something from you—your help. If you think that working the grassroots level, changing the government, having our people at the table is important, I hope you'll support NGLTF. I know many of you help through CFC, but we need you to spread the word."
Kerry concluded by noting "you might think we've taken on cultural America by looking at the T.V. We are all over it. Think of how far we've come in NGLTF's 25 years, where our first success was to get us off the list of mental illnesses. But look at ENDA—while it may get through the Senate, Newt won't call it for a vote in the House. And there were over 200 state bills this year dealing with gay and lesbian issues—mostly negative. We have a long way to go culturally and politically."
Helen Gonzalez, NGLGF Public Policy Director, opened by thanking the attendees for "your courage in being active in Federal GLOBE—an important organization in our civil rights movement" Helen then divided her discussion into the good news and bad.
"A good piece of my time this year has been on hate crimes legislation,' she continued. "The president is now supporting hate crimes legislation—which may be introduced today—legislation to expand the jurisdiction of hate crimes and to add gender, sexual orientation and disability. The Department of Justice really wants this because they get so many inquiries about anti-gay hate crimes. This legislation will give the FBI and Justice jurisdiction to deal with these crimes against us.
"We are now looking at school-based hate crimes. By approaching Justice after the Cunanan event, we had an open door. FBI was concerned that they didn't have enough contacts with our community, and have established working groups with us.
"HIV/AIDS funding increased for Ryan White and prevention," she added. "The president had created an early list of programs that would be protected, and it wasn't there until the community put on the pressure."
The bad news:
Needle exchange. Currently, the Secretary of HHS has the authority to allow needle exchange programs if (1) it is proven to not increase drug abuse, and (2) that people are brought into the system by participating. The House passed an amendment (Rep. Coburn (R-OK)) taking away this authority, while the Senate hasn't. Conference committee so far has produced a six month delay on the secretary's authority, and is continuing to add more strings.
Surveillance has been discussed on various amendments. Currently, reporting the names of PWA/HIVs is a state issue and 26 states require reporting by name. All states report to the Centers for Disease Control and Prevention—but not by name—just number. We are concerned that this will expose people to discrimination, and discourage testing. We are part of NORA, National Organization on Reporting AIDS.
"The final federal issue:" she said, "is the DC appropriations bill. Any experiment the radical right wants to inflict on us, is done through this. For example, they have prevented domestic partnership in Washington, DC through the appropriation process. Now they are trying to prevent gays from adopting, by barring unmarried couples. In an unusual move, the Rules Committee agreed to allow the issue in the conference committee with no bill from either house. We've gotten it off the docket, for now.
Overall, anti-gay measures are on the increase, with 140 so far in 1997—mostly anti-marriage state legislation. The campaigns supporting them have created much backlash against the radical right as they came out as very anti-gay. Many legislators who supported anti-marriage bills have tried to balance out their stand by introducing some pro-gay legislation, like END at the federal or state levels, hate crimes legislation, etc.
Len Hirsch opened by noting that Federal GLOBE began over six years ago. "Quickly, we realized that most of the work had to be done at the agency level. We are an umbrella 50l(c)(3)—which makes us different from agency groups who are affinity groups within the agencies. This gives us the freedom to do some things you can't. But we can't do things like joint memberships.
"We've had a successful year, but because our volunteer support has not been as strong as in the past, a number of projects went undone.
One important role of Federal GLOBE is to field calls from employees and deal with their issues or get them in touch with you. We've been able to keep our relationships in place with the Hill and White House—and use them when needed. For example, when an FBI lesbian couple who was trying to be jointly relocated the way heterosexual employees can—we took the issue up three levels and got it done. Federal GLOBE helps when the agency GLOBEs hit choke points. We can go right to congress and the white house and get a call made that takes care of things. But we don't jump to do this—it's when things at your level have truly hit a brick wall."
Key issues mentioned by attendees at the start included Torivio Garcia's group is facing a traditional values coalition; IRS GLOBE (St. Paul Chapter) had an EEO counselor incorrectly encouraged them seek sexual orientation discrimination redress under sexual harassment procedures; IRS GLOBE (Fresno Chapter) is facing a variety of challenges with CFIRE (Christian Fundamentalist Internal Revenue Employees) starting a chapter in Fresno, while facing vocal hostility from a group of managers.
Sexual orientation-based discrimination redress may be pursued under the Civil Service Reform Act of 1978, as a non-merit factor, such as religion. This act prohibits discrimination based on factors that do not affect performance. In 1980, OPM defined this to include sexual orientation.
In pursuing redress, there are procedures within each agency, and procedures for going outside your agency.
EXTERNAL PROCEDURES:
This bill provides for benefits to domestic partners of federal workers that are currently provided to married heterosexuals, such as retirement and death benefits and health insurance.
HR 2761, was introduced by Rep. Barney Frank three weeks before the Federal GLOBE conference, and will likely take many years to become enacted into law. Federal GLOBE was at the press conference, as were a half dozen representatives from corporate America, Barney Frank's position is that we should hold the conservative's feet to the fire with their dogma of running government like a business, as America's best and biggest corporations already provide these benefits. AFGE and NTEU were also there to support. For more information about this, and other pending legislation, see Federal GLOBE's Web site at www.fedglobe.org.
Kitti added that Sen. Jesse Helms has introduced the "Freedom of Speech" Act to prohibit protection of any group of people other than those protected by EEO statutes. This would negate our agency-level non-discrimination policy statements and prohibit the president from extending protections to gays and lesbian. Protections provided under agency/union contracts, however, would remain. This underscores the importance of such contracts.
Ginger Hemmingway, representing the American Federation of Government Employees (AFGE), and Gene Sexton IRS Assistant Director of Employee Services, discussed union issues relevant to GLOBE organizations.
Ginger explained that AFGE has a Gay, Lesbian, Bi Task Force to help eliminate employment barriers in the federal workforce. Despite this, AFGE/agency contracts are still sometimes a tug-of-war with anti-gay union stewards. While broad policies are developed at the national level, local chapter have a great deal of power. Given this, it's critical to develop good relationships at both levels so that you have allies when a bottleneck occurs at one level.
"AFGE is the exclusive representative of Bargaining Unit employees in these agencies. You must be sure to include your union in trying to secure favorable policies and procedures." This issue is the same across the entire federal government—your agency's union is the exclusive representative of the Bargaining Unit.
Rob Sadler asked, "what will be the reaction of the union if we approach them with our issues to start a dialogue—especially when they are not representing our issues properly?" Ginger responded that the key is to get them to understand that the issue is just equal rights for equal pay. The problem you run into is that many think you already have these rights. She added that involve the district vice presidents is crucial, and that "being out is the only way we will make progress and achieve equal rights in the workplace."
Daniel Gri of IRS' Los Angeles chapter asked how he can encourage such as task for in NTEU (the National Treasury Employees Union). Ginger suggested he contact the national union, and get them to contact Kitti Peticore at AFGE.
Gene Sexton sits across the table from NTEU on labor issues with the IRS, and also represents IRS GLOBE. "They have been very supportive of GLOBE issues," Gene said of NTEU. "Much to their credit, NTEU has included c sexual orientation in the IRS/NTEU contract since 1989. The union initiated that, and management had no problems. We hang our hat on that a lot. We were able to modify our hardship transfer policies—if your spouse is transferred, you have priority placement for that transfer—we got it changed to life partner. Both sides agreed without any debate. Now, we are dealing with sick leave for bereavement leave, expanding it to family or equivalent. The goal is to be specific but broad—to allow for useful interpretation.
Gene emphasized the importance of the agency/union contracts hinges on the fact that most managers regularly refer to it like a personnel manual. He also cautioned to keep in mind that unions are the legal representative of employees on working conditions—Not GLOBE. NTEU has had problems in this regard with other IRS employee groups, but not IRS GLOBE because IRS GLOBE has worked with and through them.
Several participants noted that a key to success with unions is ongoing, regular dialogue and a long-term approach to your relationship with them. Others noted that if Sen. Jesse Helms "Freedom of Speech" Act ever succeeds in eliminating all agency non-discrimination policies, the management/union contract provisions will still remain as our last defense.
Gene also noted that unions have a great deal of access to the Hill, and they are listened to. This is part of a much larger national process with unions and management working together to make certain that the workplace is safe for all workers. Unions have been a strong supporter for us on the Hill as evidenced by their presence at the hearing on ENDA and at Frank's press conference his proposals to extend partner benefits to federal employees.
Keep in mind that if your benefit forms (such as life insurance beneficiary designees) are not in your Official Personnel File (OPF), then they are not with OPM, and therefore are not in effect. These forms will supersede your will. If you haven't filled them out, the money will go to the next of kin.
While there is no statutory right for your partner. to receive any of your benefits, there are things you can control and designate her or him as beneficiary. These include: FEGLI (life insurance),TSP, retirement deposits, annual leave pay, and final salary payment.
Some agencies offer retirement seminars and allow employees to bring their life-partner. It is never too early to see if your agency allows this, and if not, start working with them to change their policies, Probably, no one has ever asked them to. Some agencies offer retirement seminars and allow employees to bring their life-partner.
Regarding advanced sick leave, Gene explained that if you have a zero leave balance, you can go into arrears and pay it back. This can cover bereavement, sickness and maternity (but is up to agencies to determine). The IRS is in the process of broadening this to include spouse or equivalent. Keep in mind you can take sick leave for this under the Family Friendly Leave Act which defines family as: "spouse, parents...... and any individual related by blood or affinity whose close association is equivalent to a family member." For more information about the Family Friendly Leave Act, see Federal GLOBE Web site at www.fedglobe.org.
Other "spousal" benefits that may apply to our partners include: written access to records—in the event of your incapacitation, moving expenses/rights—be aware of your agency's policies, parking/cafeteria, Employee Assistance Program (EAP). Keep in mind that there are many issues that are within the agency's purview to expand access.
Gene noted that treasury has added EEO/diversity accomplishments to all supervisors and managers annual appraisals—a definition which includes sexual orientation.
Federal GLOBE is now poised to provide Sexual Orientation in the Workplace workshops for federal agencies. Earlier this year, the Human Rights Campaign provided funding to have Hollywood Supports provide a train-the-trainer program for Federal GLOBE to develop a cadre ready to provide workshops in the federal workplace. Sixteen members are now prepared to provide one-hour program focused on federal workplace issues. We are also hoping to develop more trainers this year. Kitti Durham provided an overview of the program. "There's a real dearth of knowledge in the workforce," said Kitti. "People have no idea how much impact being gay has on our workplace environment. We like to start the education process with those in influence—managers and EEO specialists."
The objectives of the program are to: convey an understanding of how and why sexual orientation is an issue in the Federal workplace; recognize the business advantages of including employees of all sexual orientations in the Federal workplace; recognize the workplace pressures on gay, lesbian and bisexual employees; increase the effectiveness of agency efforts in creating a workplace free from harassment and discrimination.
The program is provided by federal agencies to groups of employees or managers by inviting Federal GLOBE to provide the training. Kitti emphasized that this training is pure information—there is no attempt to change attitudes.
Many agencies are interested in the training. Contact Federal GLOBE, with your needs, including the number of participants, locations, etc. There is no fee, but the inviting agency will have to cover any travel costs. Contact Kitti Durham at Kitti@fedglobe.org.
Rob addressed a number of additional issues affecting Federal and agency GLOBEs. Highlights of his discussion include:
Regarding the new religious freedom legislation, Rob emphasized that if people misuse these to vent anti-gay remarks, there is guidance on how to deal with them. A detailed discussion of this guidance appeared in the November 1997 edition of "Globalview," and is accessible through Federal GLOBE's Web Site www.fedglobe.org.
Rob also discussed "first steps" for getting your GLOBE group off the ground. These are also available on the web site.
In discussing our future, Rob noted that Federal GLOBE's energy has historically focused on building agency GLOBES. With those built, the energy once focused on Federal GLOBE has dispersed to the agencies. The White House, however, is clear that it wants one group to go to—and uses Federal GLOBE for that purpose. We look forward to building new relationships and structures between Federal GLOBE and the agency GLOBEs in order to continue to meet these needs.