SkyWest Airlines Accused of Denying Benefit to Legally Married Same-Sex Couple
11.10.2009 by Elizabeth Ziegler
(KCPW News) St. George-based SkyWest and its affiliate Delta Airlines are coming under fire for refusing spousal flight benefits for the husband of a gay California man employed by SkyWest as a baggage agent. Lambda Legal attorney Tara Borelli, who is representing the couple, says this is a very clear case of discrimination.
“California law is crystal clear that you cannot discriminate against employees based on their marital status. And so, because Gilbert is married to his spouse, David, and because they’re also registered as domestic partners, Gilbert is entitled to the same benefits for his spouse as other heterosexual employees receive for their spouses,” she told KCPW.
Gilbert Caldwell and his partner of 34 years, David Farrell, married in 2008 under a short-lived California law legalizing same-sex marriage. Proposition 8 passed last year, overturning that law. But Borelli says high court rulings have since upheld the legality of the same-sex marriages already conducted during that time period.
SkyWest has denied Caldwell the same free flight benefit offered to the spouses of his straight coworkers. Instead, his spouse is given a discounted fare. Borelli sent a letter on behalf of her clients to SkyWest and Delta on October 31st, warning of a discrimination lawsuit if the policy is not changed. She believes the case highlights the need for education in the treatment of married same-sex couples.
“We see that there’s confusion, even where the courts have spoken very, very clearly as they have in California, about the validity of these marriages. And we think it’s really important that people be informed and educated that they need to treat married same-sex couples the same way they would treat married different-sex couples,” said Borelli.
In a statement emailed to KCPW, SkyWest responded that it can’t offer spousal benefits to same-sex couples, even those who are legally married. The airline claims federal tax laws prohibit it. Borelli disputes this claim, calling SkyWest’s argument “shocking” and “outrageous.”
St. George-based SkyWest and its affiliate Delta Airlines are coming under fire for refusing spousal flight benefits for the husband of a gay California man employed by SkyWest as a baggage agent. Lambda Legal attorney Tara Borelli (ber-REL-lee), who is representing the couple, says this is a very clear case of discrimination.
10-SKY 1 :21 “… receive for their spouses.”
“California law is crystal clear that you cannot discriminate against employees based on their marital status. And so, because Gilbert is married to his spouse, David, and because they’re also registered as domestic partners, Gilbert is entitled to the same benefits for his spouse as other heterosexual employees receive for their spouses.”
Gilbert Caldwell and his partner of 34 years, David Farrell (FARE-el), married in 2008 under a short-lived California law legalizing same-sex marriage. Proposition 8 passed last year, overturning that law. But Borelli says high court rulings have since upheld the legality of the same-sex marriages already conducted during that time period.
SkyWest has denied Caldwell the same free flight benefit offered to the spouses of his straight coworkers. Instead, his spouse is given a discounted fare. Borelli sent a letter on behalf of her clients to SkyWest and Delta on October 31st, warning of a discrimination lawsuit if the policy is not changed. She believes the case highlights the need for education in the treatment of married same-sex couples.
10-SKY 2 :18 “… married different-sex couples.”
“We see that there’s confusion, even where the courts have spoken very, very clearly as they have in California, about the validity of these marriages. And we think it’s really important that people be informed and educated that they need to treat married same-sex couples the same way they would treat married different-sex couples.”
In a statement emailed to KCPW, SkyWest responded that it can’t offer spousal benefits to same-sex couples, even those who are legally married. The airline claims federal tax laws prohibit it. Borelli disputes this claim, calling SkyWest’s argument “shocking” and “outrageous.”
[...] KCPW: “St. George-based SkyWest and its affiliate Delta Airlines are coming under fire for refusing spousal flight benefits for the husband of a gay California man employed by SkyWest as a baggage agent. Lambda Legal attorney Tara Borelli, who is representing the couple, says this is a very clear case of discrimination.” [...]