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Challenges and Opportunities for Lesbian, Gay, Bisexual, and Transgender Employees Presented by Gays and Lesbians in Foreign Affairs Agencies www.glifaa.org to President-Elect Obama’s Agency Review Team for Foreign Assistance December 15, 2008 www.glifaa.org
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2 Presentation Outline Context for this Briefing Background on the Organization Success to Date Challenges that Remain The “ask” to the USAID Agency Review Team (ART) Handouts –GLIFAA Transition Package –Letter to Secretary Designate Clinton –Field Guide for MOHs –USAID National Coming Out Day Message
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3 President-Elect Obama’s Support for the LGBT Community "While we have come a long way since the Stonewall riots in 1969, we still have a lot of work to do. Too often, the issue of LGBT rights is exploited by those seeking to divide us. But at its core, this issue is about who we are as Americans. It's about whether this nation is going to live up to its founding promise of equality by treating all its citizens with dignity and respect." Barack Obama, June 1, 2007 http://change.gov/agenda/civil_rights_agenda/
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4 Hill Support for the LGBT Community “By not including same-sex partners in the definition of “Eligible Family Member,” the Department excludes them from many of the benefits, protections, and services that are enjoyed by family members of married FSOs, and that are important to the safety, effectiveness, and morale of our communities abroad.” “Inclusion of same-sex domestic partners…in the Foreign Service Standard Regulation 040(m)…[is not] contrary to the letter or spirit of The Defense of Marriage Act” February and May 2008 Letters from four members of Congress, including the Chair and Ranking Member of the House Committee on Foreign Affairs
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5 American Public’s Support for the LGBT Community Newsweek’s December 5, 2008 Poll, “A Gay Marriage Surge” by Arian Campo-Flores http://www.newsweek.com/id/172399http://www.newsweek.com/id/172399 74% percent back inheritance rights 73% approve of extending health insurance and other employee benefits 67% percent favor granting Social Security benefits 86% support hospital visitation rights 53% favor gay adoption rights 55% favored legally sanctioned unions or partnerships
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6 Internal Support for Same-Sex Partners, As Well AFSA’s surveys on same-sex partners and Member of Household (MOH) issues from 1999/2000 to the present have consistently shown that MOH issues consistently rank among the top ten concerns of FSOs. AFSA’s November 23, 1999 survey had 452 respondents, of which 85% supported the board's action on 13 measures for partner benefits. In the most current survey, AFSA’s 2008 annual opinion poll of the State active-duty FS membership exceeded 4,000 respondents. The question "Should AFSA advocate for official recognition and benefits for same-sex domestic partners of Foreign Service members?" had some 63% responding YES, 23% responding NO, and 14% NOT SURE.
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7 Lack of Same-Sex Partner Benefits – Does it Matter? Recruitment and Retention: Lack of benefits for acutely affects recruitment and retention of talented, high performing employees Postings in Washington: FSOs with non-American partners have great difficulty in bidding for postings in Washington, DC – no certainty that their partners can join them for the duration of their postings. Emotional and Financial Costs Lagging Behind Private Sector: Eight of the top 20 Fortune-ranked companies provide a prohibition of discrimination based on gender identity or expression, supportive gender transition guidelines, transgender wellness benefit, domestic partner health insurance, dental/vision/COBRA benefits for partners, and other benefits for partners. Is there a solution? Yes. Many key partner concerns can be addressed via the stroke of the pen, by including partners in the category of Eligible Family Member (EFM), without any legislation.
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8 Background of GLIFAA Established in 1992 An officially recognized employee resource group of lesbian, gay, bisexual, and transgender (LGBT) and ally employees and their families, at the Department of State, USAID, Foreign Agricultural Service, Foreign Commercial Service, Millennium Challenge Corporation, Peace Corps, other foreign affairs agencies, as well as employees at contractors and grantees of these agencies. Based on AFSA’s surveys and volume of e-mail AFSA/State receives, close to 700 State FS members have same-sex partners - 6% of the State FS – USAID’s is probably also at 6% The purpose of the organization is equal benefits for all employees, regardless of sexual orientation or gender identity.
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9 GLIFAA’s Successes to Date Lifted obstacles on openly gay people relative to security clearances in 1992 Contributed to Members of Household (MOH) policy on December 26, 2000 Two employees received USAID EEO Award in 2001 - Gay Pride Month LGBT concerns included in 2004 diversity report and 2007 diversity survey A/AID met with Human Rights Campaign in 2008 USAID funded LGBT Leadership Training TDYs in 2008 First National Coming Out Day Notice issued at USAID in 2008
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10 Changes…and Challenges Remain USAID worked with State to Extend Benefits to Members of Household (MOHs) in 2008 for access to Emergency Visitation Travel (EVT), Security Training, FAST language courses, distance learning training including Rosetta Stone on space available basis, and a course for Iraq-bound employees But Parity with State on Benefits Needed – EFMs for full language course and MOHs for FAST language training And much remains to be done: travel orders, other training, evacuation, medical care, visas, employment preference, mail, badges/ID
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11 Uneven Implementation and Need for Coordination: Need for Full Time Senior Level Advisor GLIFAA – www.glifaa.orgwww.glifaa.org MOH Network: http://groups.yahoo.com/group/MOH_Network/ http://groups.yahoo.com/group/MOH_Network/ Post MOH policies: http://hrweb.hr.state.gov/prd/hrweb/flo/policy/MOH.cfm http://hrweb.hr.state.gov/prd/hrweb/flo/policy/MOH.cfm State M/FLO Background: http://www.state.gov/m/dghr/flo/c23137.htm http://www.state.gov/m/dghr/flo/c23137.htm
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12 GLIFAA’s Challenges Unique challenge for Foreign Service Employees in bidding, accepting assignments, unaccompanied postings (single parents, employees with same-sex partners) Morale, recruitment, retention, and productivity Visas for Non-American Partners of FSOs Non discrimination policy that includes gender identity/expression for employees Non discrimination policy for grants and contracts that includes sexual orientation and gender identity/expression Passage of Domestic Partner Benefits and Obligations (DPBO) Act (S. 2521 and H.R. 4838) and the Uniting American Families Act (UAFA) (S. 1328 and H.R. 2221) Transgender wellness benefits
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13 Addressing GLIFAA’s Challenges GLIFAA Transition Package presented to S/TT Ambassador Vicki Huddleston and Ambassador Michael Guest on December 11, 2008 Letter being sent to Secretary-designate Clinton, http://sites.google.com/site/glifaaletter/ http://sites.google.com/site/glifaaletter/ Creative approaches developed such as Field Guide for MOHs of Members of the DLI Class 4
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14 Basis for Action Item Recommendations http://change.gov/agenda/civil_rights_agenda/ Support Full Civil Unions and Federal Rights for LGBT Couples: Barack Obama supports full civil unions that give same-sex couples legal rights and privileges equal to those of married couples. Obama also believes we need to repeal the Defense of Marriage Act and enact legislation that would ensure that the 1,100+ federal legal rights and benefits currently provided on the basis of marital status are extended to same-sex couples in civil unions and other legally-recognized unions. These rights and benefits include the right to assist a loved one in times of emergency, the right to equal health insurance and other employment benefits, and property rights.
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15 The Ask to the USAID ART 1.Include same-sex domestic partners in definition of an Eligible Family Member (EFM) 2.Extend EFM benefits to same-sex partners of all employees – Foreign Service, Civil Service, Foreign Service Nationals, PSCs, and all other hiring types 3.Appoint senior-level person as a LGBT advisor 4.Administrator of USAID Meets Early in next Administration with GLIFAA 5.USAID senior leadership issues clear instructions early in the new Administration that every effort will be made to create an equal environment for LGBT personnel and our families, including our partners 6.That USAID issues a non-discrimination statement inclusive of gender identity/expression
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16 The Ask to the USAID ART 7. That USAID secures DHS/USCIS support for visas to non-American partners of FSOs assigned to tours in Washington. 8. That USAID revises the non discrimination policy for grants and contracts to include sexual orientation and gender identity/expression as well as other areas not currently included – religion, sexual harassment, reprisal, parental status, marital status, political affiliation – and extends policy to foreign nationals 9. That USAID issues an Agency-wide notice on LGBT leadership training and continues to fund participation in Creating Change in Denver in January 2009, UCLA Anderson School LGBT Leadership Training June 2009, Out and Equal in Orlando in October 2009
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17 Low Hanging Fruit: Short of Including Partners in EFM Definition Inclusion on Travel Orders Extending other training opportunities Emergency evacuation/Medevac at no cost to the employee Access to post health units Preferential employment status equivalent to EFMs Access to mail/APO Issuance of embassy ID cards and compound access Permitting partners to join “family left behind” support groups.
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18 For Further Information…Contact… 1.Ajit Joshi, GLIFAA Representative to the USAID Executive Diversity Council and Policy Director for GLIFAA ajoshi@usaid.govajoshi@usaid.gov 2. Rebecca Maestri, GLIFAA Senior Advisor rmaestri@usaid.gov 3. Aaron Schubert, FSO being posted to USAID/India under the Development Leadership Initiative (DLI) aschubert@usaid.gov
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19 Discussion – Questions and Answers
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