Proving discrimination is not easy, I believe we were treated unfairly by Clayton and Crosier
To the Editor:
Public officials in New York verbally swear and also sign an oath to “support the constitution of the United States, and the constitution of the State of New York,” and to “faithfully discharge the duties of...” the office they have been elected or appointed to.
This oath is clear. To perform the duties of any given office with integrity, a person must be independent and willing to stand up and be accountable for the law even when pressure to compromise may be strong or when personal belief may be in challenged.
In my opinion, town of Berne Supervisor Kevin Crosier and town Clerk Anita Clayton have failed to uphold that oath. Here’s why:
I became a full-time employee last summer and was then eligible for health benefits. I wanted to extend these benefits to my partner of 21 years, Tim Lippert.
Ms. Clayton, who is also Berne’s plan manager, and human-resources manager, researched domestic partnership health-care coverage, with the town’s provider. She told me, and confirmed in writing, that Berne provided this benefit.
I was so happy. I began paying premiums and we were both able to attend to our health-care needs.
After several weeks, Ms. Clayton, in tears, told me that she had made a mistake, and that we were not eligible for this benefit. I was told this change happened after Mr. Crosier, who was preparing the budget, saw the town’s added share to health-insurance coverage.
Soon afterwards I was fired. Some of this was reported in The Altamont Enterprise.
Federal and state law provides for equal protection. If an employer provides domestic partnership benefits to one person the employer faces legal challenges if that benefit is denied to another.
Most employers require a couple to meet eligibility criteria to qualify for coverage, such as:
— Both partners must meet a minimum age requirement, usually 18;
— The partners cannot be related by blood closer than permitted by state law for marriage;
— The partners must be in a committed relationship;
— The relationship must be exclusive; and
— The partners’ finances must be intertwined.
Tim and I meet all these criteria. When Ms. Clayton was asked, under oath, to provide evidence from the town’s employee handbook that listed its criteria, she could not. It didn’t exist.
Proving discrimination is not easy, but I believe we were treated unfairly. To tell the whole story would take a book. Ms. Clayton’s mishandling had a direct effect on my employment. Mr. Crosier’s behavior was aggressive and threatening toward both myself and my partner.
It’s election time again. Town officials want our votes. Budgets are being considered. I’ll be voting, too, but not for Anita Clayton or Kevin Crosier.
Scott Green
Berne
Editor’s note: See related story.