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JOB CHANGE STRATEGIES FOR GAY EMPLOYEES


JOB CHANGE STRATEGIES FOR GAY EMPLOYEES
 

Marcia F. Namowitz, CFPR, MBA, CSA is a Financial Advisor with American Express Financial Advisors.  Her practice is based in Syosset, NY and she can be reached at Marcia.F.Namowitz@aexp.com   .  She provides comprehensive financial planning services and one of her specialties is domestic partner planning.
Marcia Namowitz can be located  online at http://www.gaymarriagelawyers.com/NewYork.htm

The decision to change careers or even employers is never an easy one. In addition to the inevitable professional challenges, a job change generally implies a conscious decision to evaluate certain quality of life issues – benefits, work environment, relocation, and commuting options, among others. For lesbians and gay men in the job market, one additional and often critical decision comes into play – how supportive is my new employer toward its gay employees?

The changing work environment. While more and more companies are making a commitment to a diverse workforce that includes lesbians and gay men, assessing a company’s supportiveness often remains a difficult and subjective challenge. Some companies foster a very tolerant work environment without any formal commitment or documentation; others with extensive written policies protecting their gay employees may not take the steps necessary to be sure their good intentions are carried out.

Human resources professionals acknowledge that the issue remains an emerging one, meaning that many responsible employers are still working to address the needs of their gay employees.

Interview the employer. What are some of the things lesbian and gay job seekers should be aware of when looking to change jobs?

You should research the employer and its attitudes on diversity. Does the company’s recruitment literature mention a commitment to a diverse workforce? Does that commitment mention sexual orientation specifically? Does the summary information regarding employee benefits indicate any coverage for same-sex partners – medical insurance, bereavement leave, family leave, employee discounts, etc.? Is there a gay employees group or network? Does the company make charitable contributions to any community-related charities? Complete silence on the issue sometimes can be a sign that the company has not yet addressed it, or worse that it has and is indifferent or downright hostile.

Don’t ask, don’t tell? If this is the case, your next step is a hard one, and involves some soul-searching. Do you engage the interview process as an openly gay person? Complex personal values enter such a decision, of course, and this decision could have consequences both during the interview and after the hiring process is complete. If you believe a commitment to the gay community is important in choosing an employer, you may decide to make a stand on principle and confront the situation head on. If, however, your economic or career circumstances necessitate other priorities, your decision is likely to focus on your ability to maintain privacy regarding your orientation on a long-term basis.

Income tax consequences of domestic partner benefits. If you are hired by one of the growing number of employers that provides benefits for its lesbian and gay employees, you have one last set of decisions to confront – whether or not to take advantage of those benefits. By doing so, you sometimes trigger unpleasant income tax consequences. The tax law is structured in such a way that employee benefits are considered income unless the law carves out a specific exclusion. For many popular employee benefits, Congress created such exclusions and these

benefits are not included in an employee’s gross income. However, when benefits such as health insurance cover an individual who is not a spouse or dependent of an employee – (under the Federal tax law) which is the case for gay couples – the exclusion is lost and the additional benefits are taxable as income.

This situation creates headaches for employers and employees alike. Since the employer is required to report the additional benefit as income on your Form Wage and Tax Statement (W-2), it must assign a fair market value to it. Generally, employers treat the premium expense as the value of the benefit, and hence as the income taxable to you. Occasionally, though, employers choose another method, so you need to ask the benefits department how the matter is treated where you work or are considering working.

Once you know the amount of additional income you will be taxed on, multiply it by your marginal income tax rate to determine the tax you will owe on the additional income at the end of the year. This tax, in addition to any cost passed on by the employer, is the amount the benefit will cost you. You need to know this in order to compare the cost with other options – coverage through your partner’s employer, through individual insurance, group coverage through a trade or professional association, and so on. In some cases, the tax cost erases the value of claiming the benefit from this source, and you may actually be better off not taking advantage of it; this often can be the case where both partners work and have health insurance through their individual employers.

A job change – even a great one – usually is a stressful event. If the financial decisions seem like more than you can handle alone, you should consult a qualified personal financial advisor for some help.  In addition, specific tax issues may require consultation with an accountant and/or attorney.

This information is provided for informational purposes only. The information is intended to be generic in nature and should not be applied or relied upon in any particular situation without the advice of your tax, legal and/or your financial advisor. The views expressed may not be suitable for every situation.

American Express Financial Advisors Inc. Member NASD. American Express Company is separate from American Express Financial Advisors Inc. and is not a broker-dealer.

Marcia F. Namowitz, CFPR, MBA, CSA is a Financial Advisor with American Express Financial Advisors.  Her practice is based in Syosset, NY and she can be reached at Marcia.F.Namowitz@aexp.com   .  She provides comprehensive financial planning services and one of her specialties is domestic partner planning.
Marcia Namowitz can be located  online at http://www.gaymarriagelawyers.com/NewYork.htm