Queer Visalia - A local gay blog

I found this through a member of the International Court System emails.

Can you believe a company can actually get away with this?

I choose not to shop here until they change their policies and who knows. Maybe I will take my business elsewhere from now on.

Michael

Dollar Tree refuses to recognize California law & same-sex marriage

It is not above the law even if the corporation powers that be have a contempt or strong distaste for that law.

Dennis Wyatt Managing Editor

Ann Mollica is a law-abiding citizen. She pays her taxes on time and follows the law. She is also a dependable employee having worked at Dollar Tree for 12 years.The Manteca resident on June 17 married her long-time partner Judy Deane.

The law allowed it so they decided to make their commitment to each other official.

But then Mollica discovered that there are people - strike that - there are corporations that believe they are above the law. Among them, apparently, is her employer.

She applied on June 19 for medical insurance through her employer for her spouse.

The Manteca store manager passed on the insurance application along with the copy of the marriage certificate to corporate headquarters on the East Coast.

This little gem came back from benefits specialist Patti L. Todd: “Although, I do not have a problem with same sex marriage personally, I have to go by the rules set forth. Please send her my personal CONGRATS!!”

Dollar Tree’s position is that the benefit book given to employees makes it clear they do not recognize same sex marriage. Really. There are two little problems with that. One, is that Dollar Tree cannot operate in California and be above the law. Two, that is not what their own benefits booklet distributed to Dollar Tree employees states.

Here’s what the booklet says who can enroll under the Dollar Tree health plan: “Your legally wedded spouse (coverage for common-law spouses, same sex marriages, fiancés, boy/girlfriend, and ex-spouses are not allowed under this plan.)”

Dollar Tree believes they are covered by the “same sex marriage” exclusion. But there’s a little detail. Judy is Ann’s legally wedded spouse in the State of California where Dollar Tree happens to operate some 300 stores.

Dollar Tree has added the caveat that the insurance program is voluntary. That means the State of California doesn’t mandate employers to offer health insurance. But there’s a funny little caveat attached to it. If they do offer insurance, it has to be offered on the same footing to everyone who qualifies for it. That means that if the benefits extended to legally married couples a corporation has no right to start picking and choosing.

Which brings us to the cusp of Dollar Tree’s problem.

Does this mean back in the 1950s that a company like Dollar Tree would have found it OK to add an exclusion such as not providing benefits to racially mixed couples after clearly stating an employee can enroll their legally wedded spouse?

There have been laws on the books in this country in various states that at one time banned racially mixed marriages. And there have been companies that frowned on it as well.

Does that mean in another time and age Dollar Tree would have seen it OK to make such exclusion?

Regardless, there is one overriding little detail here that Dollar Tree and others who do business in California have no right to ignore. The law is the law.

Picking and choosing what laws you recognize in California, as a corporation is not simply arrogant, it is frightening.

In essence, they are contending that the corporation has more rights under state law than individuals. What else could they mean by saying they are above the law?

You may personally disagree with same sex marriage and think why should you get indignant about Dollar Tree’s blatant discrimination and decision to operate outside and above the law of California.

But here’s the catch. If you condone corporations picking and choosing who gets the protection of the law in this country, you’re taking your individual rights out of the hands of the public sector and empowering corporations to have the final say on how America is run.

Churches do not have to recognize same sex marriage. But then again, churches don’t have to apply for a business license when they are preaching their gospel. Churches, if they so chose can discriminate who is in their membership. Stores can say “no shirts, no shoes, no service” but they can’t say we refuse the right to serve same sex couples or homosexuals.

They may reserve the right to refuse anyone, but it had better not been because they are part of a protected class.

And as of June 17, legally married women or men of the same sex became a protected class in California.

Dollar Tree has no right to conduct business in California on the premise they can ignore the laws of this state.

It kind of makes you wonder if their cavalier attitude extends to other segments of the state’s labor laws or general rules governing the conduct of business when it comes to fair trade, the environment and a host of other laws that are the laws of this state.

The last time I checked, Dollar Tree is neither a sovereign nation nor is it one of the 50 recognized states.