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NY Gov. Supports Lesbian In Benefits Suit
by Beth Shapiro
365Gay.com Newscenter
New York Bureau
Posted: May 31, 2003 10:18 a.m. ET
(New York City) New York Gov. George E. Pataki has intervened in the case of a lesbian who was denied jobless benefits when she moved out of state to be with her partner.
Pataki Friday asked the state Labor Board to reconsider its position.
Jeanne Newland quit her job as a technical support representative for a Rochester company in 2000 when her partner was offered a high paying job with a computer company in Virginia.
After applying for 150 jobs in Virginia with no success, Virginia's unemployment office told her to file for benefits from the state of New York, which regularly grants benefits to married couples where one partner moves out of state for employment.
But when Ms. Newland applied for unemployment insurance, her application was rejected. State Labor Department officials informed her that she did not qualify because she and her domestic partner, Natasha Doty, were not married.
Newland's appeal of the decision was rejected, first by an administrative law judge and then by the Unemployment Insurance Appeal Board.
In a civil rights suit filed against the state Newland is supported by her former employer in her bid to get benefits.
“Jeanne Newland was a model employee, and her relationship was treated by her supervisors and colleagues at Element K with the same respect and welcoming attitude it has towards any other employee’s family members,” said Lance D’Amico, Vice President of Element K, in a brief filed with the court. (story)
Friday, after pressure from New York's Empire State Pride Agenda Gov. George E. Pataki asked the board to reconsider its decision.
But lawyers involved in the case say that the appeals board may refuse claiming a reversal would open the door for any person, even one in a relatively brief relationship, to qualify for jobless benefits after quitting a job and following a partner out of state.
"This isn't fair," Newland said Friday, "because I'm not even legally allowed to be married to my partner, so I'm excluded right at the outset. As far as we're concerned, we're as married as we could be."
Romana Mancini, Newland's ACLU lawyer said: "Jeanne and Natasha have done everything they can to demonstrate their commitment to one another and to solidify their relationship. Their relationship deserves just as much protection and recognition as that of a married couple."
©365Gay.com® 2003