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Victory for Gay Rights in the Workplace Print E-mail
Thursday, June 5, 2008, 12:26 pm

Beshear gives gays protection at work

Two other orders also cover state labor issues

By Tom LoftusThis e-mail address is being protected from spam bots, you need JavaScript enabled to view it • June 3, 2008

Recopied from: Courier-Journal of Louisville, June 5th, 2008.

FRANKFORT, Ky. -- Gov. Steve Beshear yesterday granted employment protections for gays and lesbians in state government, one of three executive orders he made reversing policies of his predecessor.

The other two fulfill campaign promises he made to labor groups: giving the state's labor agency cabinet-level status and re-establishing a council to advise him on the concerns of state workers.

On gay rights, former Gov. Ernie Fletcher, a Republican, had stripped from his administration's equal employment opportunities policy a phrase to bar job discrimination in state government on the basis of "sexual orientation or gender identity."

Beshear, a Democrat, said in a statement yesterday that the policy meant that "a gay person could be fired simply for being gay. A person should be hired or dismissed on the basis of whether they can do the job. Experience, qualifications, talent and performance are what matter." The order says that the protection includes matters relating to "hiring, promotion, termination, tenure, recruitment and compensation."

Christina Gilgor, executive director of the Kentucky Fairness Alliance, said the group was "thrilled that Governor Beshear has kept his campaign promise to reinstate sexual orientation and gender identity in the state government's employment nondiscrimination policy."

She said the executive order "puts Kentucky among 26 other states, and ahead of the federal government, on this issue. It's another fine example of the critical role individual states play in advancing justice for all Americans."

David Edmunds, a policy analyst for the Family Foundation, said Beshear's action was "troubling because -- by executive order -- he is building the road that leads to the pro-gay marriage agenda, including domestic-partner benefits and gay adoption."

Beshear was asked about the issue during a news conference yesterday at which he publicly signed orders that elevated the labor agency from department to cabinet status and revived the Governor's Employee Advisory Council.

 

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The governor said he would "be doing something on that within the very near future." Within hours, his office issued the order, along with the statement.

The University of Kentucky and and the University of Louisville generated controversy when they approved health-care benefits for employees' domestic partners -- both same-sex and opposite-sex.

After an attorney general's opinion raised questions last year about whether that was constitutional, the universities broadened the policies to include others living with employees.

As for Beshear's other two orders, the Labor Cabinet was originally established in the 1980s by then-Gov. Martha Layne Collins, and it retained that status through Democratic administrations.

Fletcher reorganized state government to reduce the number of cabinets and made labor a department within the Environmental and Public Protection Cabinet.

Beshear promised while campaigning to restore labor to cabinet status. The cabinet's top official, former legislator J.R. Gray, thus becomes labor secretary, reporting directly to the governor.

"I'm doing so to demonstrate the importance of the mission and the functions of this agency and to return focus once again to the workers and the working families of this state," Beshear said.

He said he plans to create a second new cabinet for the energy and natural resources functions of state government, a reorganization aimed at saving money by eliminating some managers established under Fletcher.

He said that Fletcher had eliminated "52 front-line positions" within labor, and that he intends to restore such workers throughout state government as the tight budget allows.

Under Fletcher, Beshear said, "as programmed inspections of high-hazard industries decreased, reports of dangerous working conditions increased dramatically. This is unacceptable."

Seven years ago then-Gov. Paul Patton established the Governor's Employee Advisory Council to discuss, advise and recommend to him ways to improve employee work conditions and labor relations within state government. Fletcher abolished the council.

"This council will give state employees an additional mechanism by which to voice their concerns to this governor," Beshear said in re-establishing it. "Classified employees will have the right to join an employee organization to represent them on this council. This is a voluntary choice … as is the choice of whether or not to pay dues."

He said his order gives the council the identical structure it had when it was abolished -- with the same organizations elected to represent units or employees sitting on the council.

Senate President David Williams, R-Burkesville, said he had not seen Beshear's order but "would presume that would be an attempt by executive order to recognize collective-bargaining rights for public employees." He noted that has never been approved by the General Assembly.

But Beshear said that is not the case.

"It gives employees a coordinated and unified voice in talking about issues of concern about working conditions in state government," he said. "It's not collective bargaining."

And he added, "It's not legal in Kentucky for public employees to strike, and nothing in this executive order addresses that."

Dave Warrick, executive director of the American Federation of State, County and Municipal Employees Council 62, said, the council gives employees another outlet to voice concerns if going up the chain of command doesn't work.

"Now you'll have an opportunity to talk about it," Warrick said.

Reporter Tom Loftus can be reached at (502) 875-5136.

 

Recopied from: Courier-Journal of Louisville, June 5th, 2008.

 

 
 
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