July/August Diversity Dilemma Results: What would you do in the face of an unclear law? By Jillian Weiss and Robyn Ochs, presenters of Session 4: July 12, 2007: Including and engaging people who are transgender and/or bisexual: Sex - face it - we all bring it to work! Dilemma: Karen, an account representative in a New Jersey office, has come to you in human resources with concerns. She wants to add her partner to the company insurance plan. Her partner has no insurance and has recently been advised that she must shortly undergo a necessary but painful, risky and expensive surgical operation, or risk losing her sight. Karen was told by a benefits administrator on the phone that she could only add her partner if they were married or in a civil union. (New Jersey now permits "civil union" for same-sex partners.) She explains to you that her partner is a transgender woman, and that she called her local township office for a civil union license. She was told that it is not clear whether the state regards them as a same sex couple or not, and that she could not receive a civil union license or a marriage license because the law is unclear. When she called the benefits department to explain the problem, she was told that since the situation had never arisen before at the company, they could do nothing to help her. What should you do? Do nothing. If the law is unclear, then the company has no direction or legal leg to stand on, so it's better to wait until a legal precedent has been set. Explain the realities as best you can. There is something you can do. Connect Karen with the company's EAP for counseling. Since, realistically speaking, there's no way for you to change Karen's dilemma, a compassionate listener is the next best thing. Tell her you'll pray for her partner. The best way to help is to work with Karen to creatively address the issue. Propose that you meet to brainstorm with Karen to figure out a solution. Look up some information on the web. Think about trying obtaining a marriage license or civil union license in a more diversity-friendly township. Suggest lawyers and non-profit organizations that address transgender legal issues. She could also call constituent services in her state legislator's offices. Canada has same-sex marriage, so it doesn't matter what her partner's sex is. She can take a car ride and get married. Ask Benefits if a Canadian marriage certificate would do the trick. Other. Results: Top Choice: A large majority (68 percent) would choose to work with Karen to creatively address the issue. Brainstorm with Karen to figure out a solution. Think about trying obtaining a marriage license or civil union license in a more diversity-friendly township. Suggest lawyers and non-profit organizations that address transgender legal issues. She could also call constituent services in her state legislator's offices. Canada has same-sex marriage, so it doesn't matter what her partner's sex is. She can take a car ride and get married. Ask Benefits if a Canadian marriage certificate would do the trick. Second Choice: Just over a tenth of participants (13 percent) would choose to do nothing. Third Choice: The last two choices were tied, each with four votes (9.5 percent). One choice was to connect Karen with the company's EAP for counseling. Since, realistically speaking, there's no way for you to change Karen's dilemma, a compassionate listener is the next best thing. Tell her you'll pray for her partner. The other tied option was other, which a couple of people submitted alternate ideas/points: I would take the time to call the benefits administrator to find out what can be done regarding this situation. After receiving instruction from them I would be able to advise Karen what we could do, if anything, concerning the matter. The insurance company wouldn't insure her partner anyway because he/she has a pre-existing condition. A total of 31 people responded to the July/August Diversity Dilemma on DiversityCentral.com Read more: View the results of May/Jun 2007 Dilemma, Who would you promote? A dilemma about class, merit, and identity View the results of Mar/Apr 2007 Dilemma, What to do about a speech impairment View the results of a previous Jan/Feb 2007 Dilemma, "Delivering the goods" without losing your integrity View the results of a previous Nov/Dec 2006 Dilemma, How would YOU handle negative feedback? back to top

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