Company agrees to new policy to go into effect Feb. 1
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| Bryan Dickenson, left, and Bill Sugg hold hands in Sugg’s room at a rehabilitation facility in Richardson on Wednesday, Jan. 27. (John Wright/Dallas Voice) |
Dallas-based AT&T Inc. has agreed to grant a leave of absence to gay employee Bryan Dickenson of Garland so he can care for longtime partner Bill Sugg, who recently suffered a debilitating stroke.
AT&T’s decision came in the wake of an article in the Friday, Jan. 29 issue of Dallas Voice about the company’s refusal to grant Dickenson the same leave that a straight married employee would receive under the federal Family Medical Leave Act, which doesn’t cover gays and lesbians.
Despite its billing as one of the "Best Places to Work" for LGBT people from the Human Rights Campaign, AT&T initially told Dallas Voice it doesn’t grant FMLA leave to same-sex partners in states where it isn’t required by law. But the company reversed its decision on Friday and reportedly has agreed to enact new policies ensuring that registered domestic partners receive FMLA-equivalent leave.
"AT&T regrets that there has been confusion over the administration of family leave with respect to registered domestic partners," company spokesman Walt Sharp said in a statement Friday. "We have taken steps to ensure that benefits like FMLA are extended to employees with registered domestic partners for the purpose of caring for the partner, regardless of the state in which the employee resides. AT&T has a long history of inclusiveness and we embrace and celebrate diversity of race, ethnicity and sexual orientation in our workforce.”
Gay Dallas attorney Rob Wiley, who represents Dickenson and Sugg, said Friday that the couple is in the process of obtaining a domestic partnership from the city of Seattle so Dickenson will qualify for FMLA leave.
Wiley said a vice president from AT&T contacted him late Friday and explained that the company planned to enact a policy granting same-sex partners FMLA leave effective today, Feb. 1.
However, the policy that takes effect today will apply only to non-union employees, Wiley said. Most of AT&T’s 300,000 employees worldwide, including Dickenson, are members of unions, and the company can’t unilaterally make changes to their contracts. Wiley said he expected the unions to agree to the policy changes, but the process could take a few weeks.
In the meantime, the company has agreed to grant Dickenson a discretionary leave of absence, Wiley said.
Contacted by phone Monday morning, Feb. 1, Dickenson said he was at work and hadn’t received notification from the company that he’s been granted discretionary leave. Sugg, who’s recovering from his September stroke at a medical facility in Richardson, is scheduled to return to their Garland home later this week.
Eric Bloem, deputy director of HRC’s Workplace Project, said the survey sent to corporations for the organization’s annual rankings includes a question about whether they grant FMLA leave to same-sex partners. Bloem said AT&T responded affirmatively to the question, which is why it received a score of 100 percent on the Corporate Equality Index last year.
"The Human Rights Campaign has been in communication with AT&T since learning that a gay employee was denied FMLA-leave," Bloem said in a statement Friday. "Today, AT&T has informed HRC that the employee will now receive this benefit. We will continue to monitor the situation to an equitable conclusion. HRC’s Workplace Project regularly investigates instances where actual benefits administration is different than what the company has indicated to HRC through our Corporate Equality Index. AT&T appears to have fixed this error, which is in-line with its long-standing reputation as a equitable workplace for LGBT employees."
EDITOR’S NOTE: The below comment thread is from last week’s story, which can be found at https://dallasvoice.com/artman/publish/article_12425.php.
Touching on the subject of places to register, you CAN register in the state of Texas. Travis County is or at least was, the last I heard, the only place in Texas that registered same-saex couples for Domestic Partnership. The only thing is that you have to drive to Austin and both members have to be present to register.
I also work for AT&T and have long questioned the reliability of the HRC giving AT&T a perfect score every year. The LGBT employees are not given the same familiar rights as the other non-LGBT employees and never have been. It is amazing how when responding to HRC questions about if they offer FMLA to their same-sex couples, AT&T answered in an affirmative way, but yet deny employees of same-sex relationships from the benefits of FMLA all the time. I truly do not understand why the company will extend our other “benefits” to our Registered Domestic Partners within the company, but yet will not allow someone to receive excused, unpaid time off to care for their loved one. To me, it is just corporate ignorance on behalf of the company to refuse an employee excused unpaid time off under the FMLA act to protect their job, but will extend medical benefits to them at the same time. I feel for these two men, and I hope that Mr. Sugg has a speedy recovery. AT&T should not have a perfect score from the HRC and should truly not be listed as the “Best Company to Work For” anymore, although at one time, it truly was.
I was very saddened to hear of this event and my thoughts and prayers go out this family during this difficult time. I pray that Bill will have a speedy recovery. Though I am not aware of the specifics of this particular instance, as the DFW LEAGUE at AT&T Chapter President (AT&T’s Employee Resource Group for LGBT employees and their allies), AT&T has a long history of being among the 1st in the nation to provide partnership benefits to their employees and to respond positively to any concerns of our LGBT employees. I am fully confident that now AT&T is aware of this issue that they will act swiftly and appropriately in the favor of all LGBT employees as their history has shown over and over again.
I am deeply disturbed by this story.
I did some research, and found a direct phone number to the office of John J. Stephens, Senior Vice President and Controller for AT&T, Inc. He is the one who signs all AT&T financial reports to the SEC.
The direct line to his office is:
(214) 757-3220.
A very nice lady answered the phone and I explained to her my upset over this issue and stated I’d cancel my AT&T service. She took down Mr. Dickenson’s name, looked up this news story online at Dallas Voice, and showed a lot of empathy. PLEASE BE COURTEOUS TO HER!
I would encourage readers to call Mr. Stephen’s office and register your dissatisfaction with AT&T.
Who knows… it just might make a difference!
I am 28 yrs old and a gay male, I never thought the world would come to this. You think that a company such as AA&T would be understanding, I mean look at all the support they receive by the LBGT cummnity, all the hard work as well!! Love is love wether it is a Striaght couple or gay couple. One day the world will see this!! Good luck bill. You are in my prayers.
I am a retiree from SWBT/AT&T and evidently this is one case that slipped thru the cracks. I was able to take FMLA leave when my partner was hospitalized back in 1991. My employer and immediate supervisors couldn’t have been more kind and caring. After his passing, they even gave me time off as if I was a grieving spouse. Before my current partner got health benefits, I even looked into getting him covered as a domestic partner. Although we did not pursue such an endeavor, there are means in place to recognize domestic partners. Good luck, Bryan and Bill, I hope all this is resolved soon.
Don’t know if Deb Peoples is still head of the Dallas Fort Worth area ATT as this press release from 2006 says:
https://www.att.com/gen/press-room?pid=4800&cdvn=news&newsarticleid=22074
but here are the contact details given for that office: (214) 464-4691
dfwmarketarea@att.com
I just called and talked to John Stephens at AT+T and he claims to know nothing about the situation and in fact seemed disinterested, which was real annoying.
This makes me sick to my stomach. AT&T could easily expand their FMLA coverage to include same-sex couples. Using the government as a scapegoat is repugnant. I hope a representative from AT&T reads this website, because I plan on canceling my internet and cell phone service with them. There are consequences for blatantly discriminating against gay employees. This is one of them… losing customers.
Bryan should contact Lambda Legal and/or the ACLU.
Not suprised by this at all. This is very typical when a company doesn’t want to pay or grant leaves or med benefits. They use the old “state and federal doesn’t reconize same-sex relationships” loophole. I had to deal with this even in Califorina when I wanted benefits for my partner. My old company was based out of WA where DP was not in place yet. They only offer legally married couples benefits. Now that I am legally married in CA they offer my husband benefits.
The consumers need to stand up against this is we want AT&T to change their policy. This is why we need ENDA passed before DADT repeal.
From LEAGUE at AT&T National Board of Directors, our thoughts and prayer are with Bryan and Bill during this difficult time.
My Leadership Team and I are engaged and working closely with our Diversity and Inclusion and HR organizations.
“AT&T regrets that there has been confusion over the administration of family leave with respect to registered domestic partners. We have taken steps to ensure that FMLA is extended to employees with registered domestic partners for the purpose of caring for the partner, regardless of the state in which the employee resides. AT&T has a long history of inclusiveness and we embrace and celebrate diversity of race, ethnicity and sexual orientation in our workforce.”
Deidra M. Mitchem, Ph.D.
President-LEAGUE at AT&T National Board of Directors
I will pull every account we have, which is sizable, if this is not resolved and equality given to this couple. Hit ’em in the pocket. Equality March Texas is having a polite protest on Saturday in front of the Oak Lawn store from 12 until 2 p.m. Check out their Facebook page for more information.
Are the couple in the article *registered* as dp’s? I’m not sure any of the county clerks anywhere near Richardson accepts affidavits of domestic partnership. Even if they’re talking about an internal company registry, Mr. Dickenson says he wasn’t out until recently, might not have done the forms. We need to hone in on whether the statement from AT&T from today actually addresses the pain this couple is experiencing.
FMLA is only the MINIMUM a company needs to do. They are free to expand that leave to anyone, including domestic partners who are not recognized by the state they reside in. If this is not resolved I’m canceling my AT&T account!
This is a horrible situation. I trust that AT&T will resolve this matter in a considerate and expedited manner.
This is very upsetting. Why does a company as large as AT&T have to go by federal and state laws when giving out paid or unpaid time off. To be an employee as long as Bryan has been should account for something. Come on give the guy a break, it will not destroy the company. Show some humanity.
What is ridiculous is that state and federal laws REQUIRE that AT&T have such a benefit for heterosexual couples. These laws do not PROHIBIT AT&T from extending the same benefit to same sex couples. This should be the measure for HRC’s rating.
Surprisingly I received a sales call tonight from AT&T U-verse while reading this article. I am an AT&T land phone and internet customer. I carefully explained to the sales rep why I can no longer do business with them. He apologized and AT&T lost a longtime, loyal customer since SWB.
Dickenson must not be in the union. The AT&T contract with Communications Workers Union Distict 6 gives union members full domestic partner benefits including health insurance. If he is a union member, he should see his shop steward — they would put an end to this BS in a New York minute.
I too am an AT&T employee and Gay. I am not part of the HR/Benefits Group and not authorized to speak on behalf of AT&T.
I empathize with Bryan and Bill and wish Bill a very speedy recovery. I am sure that AT&T will do everything possible to find an appropriate solution.
I know John Stephens personally and know that he is a man of good character. He is the Financial Controller of AT&T and would not be in the position to influence HR/Benefit issues. That would be the HR/Benefits Group that reports under the HR Department. Not that John needs me to stick up for him; however, I don’t think it is fair to blindside him with an issue not in his control and expect immediate relief.
As I read the article, I understand the Bryan is “not out at workâ€, has not registered with Bill as Domestic Partners and I suspect Bryan has not included Bill as a Domestic Partner under his AT&T Group Health Plan. So, If Bill and Bryan are not legally married in Texas and not registered Domestic Partners, how should Family Medical Leave Act (FMLA) respond?
If heterosexual couples that are not married nor registered Domestic Partners would not qualify for FMLA, should Bryan and Bill qualify just because they have been living together in the closet for umpteen years? I don’t think it is fair to beat up AT&T over an issue where both hetero- and homosexual couples are treated equally.
I work at the afforementioned company. My partner and I are registered domestic partners. I am hopeful that the comment from LEAGUE posted by Deidra M. Mitchem is true. My significant other is completely disabled and it’s hard to use all your vacation time on caring for a sick spouse. One other thing that upsets me are the taxes on the benefits. The company also states that it cannot pay the taxes for the individual because the IRS considers the insurance a gift since it’s not required to be provided by law. So an extra $14,000 a year for a family of 3 is added to my income for tax purposes. My other coworkers do not have to pay taxes on their insurance. The company is not being inclusive about the tax issue either.
Praying for you Bryan and Bill.
I totally agree with Thomas. I am also an At&t employee. I do feel for Bryan and Bill but the fact of the matter is that to be treated equal you need to follow the same rules or proceduces that apply to all humans(gay or not gay) when working in a huge company. Plus, there are laws to follow and most laws come from the people who run this state and country. So everyone who is claiming to cancel their services with At&t, by all means do what you feel is right. I believe that’s taking it a little too far or maybe even a little child like.Keep in mind, we need our jobs, its bad enough this economy is going down the pipes. Besides theres probably more to this story but I am sure At&t will resolve this matter. As for Bryan and Bill, prayer is really all that they need.
There’s the law and there is what’s right: let’s not confuse the two.
AT&T is not legally required to offer Mr. Dickenson leave. As noted in the article, the federal law (FMLA) does not apply to non-spouses, even registered domestic partners, because of the Defense of Marriage Act. Although states can provide more coverage than federal law, there is no state law in Texas that would extend the FMLA to apply to registered domestic partners.
Moreover, there is no place where this couple lives that allows them to register their domestic partnership, not anywhere in the Dallas area, and not the state of Texas. Whether Mr. Dickenson has been out at work is irrelevant — he’s clearly out now, and there was clearly no advantage to being out, since he couldn’t register his partnership anyway in order to secure the benefits AT&T gives to registered domestic partners.
As noted in the article, Mr. Dickenson’s attorney (Rob Wiley, who I’ve met and know is a good attorney) has not filed a lawsuit, because there is no legal grounds for one.
However, that does not mean that AT&T could not voluntarily extend *unpaid* leave to Mr. Richardson (which is all that he’s requesting), based upon the equities of the situation, or provide a way for company employees to register their domestic partnerships, even in locations where they cannot do so through their city or state.
One would expect a company that gets a 100% score from HRC to go the extra mile to make sure their LGBT employees’ needs are met, even when the law does not require them to do so. Hopefully, this publicity will encourage them to go farther, or risk losing their top ranking.
My partner is a senior manager at AT&T and has been for many years. We are registered domestic partners and I enjoy the same rights as other “spouses” and have never had any negative experiences with this company.
AT&T constantly takes the high road in matters such as this and I am sure they will do the same in this matter.
AT&T has a wonderful diversity program internally and constantly makes great strides for rights of their minority employees and families. I hope other companies will aspire to be more like AT&T, which I can only hope at some point, will filter to our government!
This is an unfortunate incident that has occurred and it is my hope that other couples will take the time necessary to complete all the legal documentation to protect themselves as much as possible until we have equal rights under the law as our hetero counterparts.
Until then, folks employed by companies such as AT&T can sleep better as night knowing they are working for such a wonderful company with high morals and ethics.
Paula,
You have made an incorrect statement. AT&T extends partner benefits to any couple registered in any municipality. There’s a number of municipalities around the county who do not require residency to register. So employees in Texas CAN register as domestic partners in other states, then enjoy domestic partner benefits at AT&T as Texas residents..
I’ve posted an update on this story over on the blog, http://www.dallasvoice.com/instant-tea. Basically, it appears as though AT&T did NOT have a policy extending FMLA leave to same-sex partners in states where it’s not required by law. Therefore, it’s unclear why the company received a 100 percent score from the Human Rights Campaign. The company has agreed to enact such a policy beginning Monday, according to the couple’s attorney.
Stewey — Please reread what I have written before instructing me that my statement is incorrect.
I said, “there is no place where this couple lives that allows them to register their domestic partnership, not anywhere in the Dallas area, and not the state of Texas.”
It’s one thing, when domestic partnerships are available where a couple lives and/or works, to ask that they avail themselves of the process.
It’s quite another to expect a couple to travel elsewhere to do so, especially if one of the partners is in poor health, which it sounds like Mr. Suggs has been in for a long time.
Paula,
No travel is required. It’s handled via mail and the turnaround is very quick. You do need to have it notarized. I will look up the places where this service is provided and post it on here today for anyone reading this who may be interested.
Paula, here are links I mentioned….
West Hollywood, CA:Â https://www.weho.org/index.cfm?fuseaction=nav&navid=8
Seattle, WA:Â https://www.pan.ci.seattle.wa.us/seattle/leg/clerk/dpr.htm
Wow, this message board has been busy since I first posted yesterday. Stewey is correct about registering a domestic partner. When my partner and I were thinking of registering, AT&T told me to seek a city where a partnership would be recognized, have the documents notarized and send the necessary paperwork to them and benefits would be extended to him, as well. I am truly sorry for these two guys and the predicament they are facing, but I have no doubt that AT&T will come through for them, as it has stood by me and many gays and lesbians that are (and have been) in their workplace without fear of discrimination.
Corporate GREED, bully style management and the inability for corporations to practice what they preach. The Code of Business Conduct is merely a smoke screen corporations hide behind. Gays are NOT treated equally here and the fear of retaliation is horrible. HRC, please rethink your decision to uphold AT&T as a good place for minorities to work. In my opinion, it’s a horrible place for gay employees to work and now maybe it’s time the gay community stands up to Ma Bell.
Matt,
I am a proud Southwestern Bell now AT&T employee of 14 years. While I agree it’s not perfect, it’s far from being a horrible place for GLBT employees to work. My job relocated to Richardson, TX from Kansas City, MO in 2002. I became friends with a fellow employee now retired who was in a similar situation a few years ago. He and his partner registered via mail in CA as DP. HR had all docs on file. A few years later his partner had a stroke. He was able to leave on paid FMLA with no problems at all. A few years ago HR had an issue with employees abusing benefits so I believe this would not have taken place if the couple were registered as DP.
I’m glad for all the gay employees who are happy with their AT&T employer, however there may come a day when you will work for a supervisor or team lead who personally DOES discriminate against your lifestyle. Where your boss, because of their religious beliefs, Â views you as the devil because you are gay. And you have been told this by a teammate of your bosses feelings against gay people but when you publically acknowledge your co-workers claim, they deny saying anything. You will see the deceipt and the great lengths the company will go to to sweep everything under the carpet. Even their HR cannot be trusted. If you ever have a problem, go immediately to the EEOC. Yes, HR will lead you to believe you are talking to the EEOC because HR CLAIMS they work hand and hand with the EEOC. I was STUPID enough to believe them. I hope you are never placed in this situation. May God have mercy on your soul if you are. Â Â
I retired one year ago after 30 years of active service with AT&T as a management employee. I do not know him, however; Stewey Baker and all his facts presented above are absolutely correct. My partner and I chose to register in Seattle, WA. The people in Seattle could not have been nicer and as Stewey said, it was a very quick turn around.
Being a Registered Domestic Partner in a state which does recognize the relationship is all that is needed to satisfy AT&T to provide domestic partner benefits. It is the same as a straight couple claiming they were just married. AT&T requires they furnish a copy of marriage certificate before they proceed with benefits.
Rob Wiley, get this couple registered as domestic partners asap. Once your client has that paperwork he needs to contact AT&T benefits at (877) 722-0020 to notify them of his “registered” domestic partnership.
As a thirty year employee and now retiree who fears for his pension to be taken away, I will tell you that “No, AT&T does not make it easy for anyone, gay or straight to obtain FMLA benefits. They are viewed as a EXPENSIVE cost of doing business by most senior management. You must know the rules and follow the procedures exactly for these benefits to work for you.
Oh yes, AT&T will tout their greatness to watchdogs like HRC but it is all smoke and mirrors. I was forced to take early retirement last year because my RDP was suffering from deep depression so bad he could not get out of bed. I asked for a six month Leave of Absence to help him and it was denied by my department. Yes, I had missed alot because of my partner but I ask you, what would you do with a loved one in the same situation? After my LOA was denied I took early retirement. I worked 30 years but was only 50 years of age so my pension was significantly lower than if I had stayed to 55. Two weeks after I fought for a Leave of Absence and was denied by my bosses and then had to DEMAND my right to an early retirement and susequently treated as trash by my boss, my partner completed suicide. It was too late and I will always blame AT&T partially for not allowing me more flexibility and a leave of absence. Had I been part of a heterosexual couple I guarantee you I would have been granted the leave. I was told I could not have a Leave of Absence because of the needs of the business and they needed me, however; my position was not filled. It was absorbed by others in the group. They lied and could have given me the leave. I am too afraid to take any legal action against them because if you do and you lose, all benefits, including your pension which you earned, cease. How many of us have those kinds of resources to take a corporate giant like AT&T to court and risk losing? I do not.
I’m going to take them on. They may have lawyers, but I got the documentation. It’s just a matter of time. Good things come to people who wait. It’s my call. On my terms!
Hey hey! A win! Thanks Dallas Voice for getting the story told, and best wishes for a speedy & complete recovery for Bill.