Nos. 14–556, 14-562, 14-571, 14-574 IN THE Supreme Court of the United States JAMES OBERGEFELL, ET AL., Petitioners, v. RICHARD HODGES, DIRECTOR, OHIO DEP’T OF HEALTH, ET AL., Respondents. On Writs of Certiorari to the United States Court of Appeals for the Sixth Circuit BRIEF OF 379 EMPLOYERS AND ORGANIZATIONS REPRESENTING EMPLOYERS AS AMICI CURIAE IN SUPPORT OF PETITIONERS MEGHAN RHEA WG+R LAW GROUP, P.C. 2233 Santa Clara Avenue Alameda, California 94501 (510) 323-4034 SUSAN BAKER MANNING Counsel of Record MICHAEL L. WHITLOCK AMANDA D. SMITH JOHN A. POLITO JAWAD MUADDI MORGAN, LEWIS & BOCKIUS LLP 2020 K Street N.W. Washington, D.C. 20006 (202) 373-6000 susan.manning@morganlewis.com Counsel for Amici Curiae -iBRITTANI HENRY, ET AL., Petitioners, V. RICHARD HODGES, DIRECTOR, OHIO DEP’T OF HEALTH, ET AL., Respondents. VALERIA TANCO, ET AL., Petitioners, V. WILLIAM EDWARD “BILL” HASLAM, GOVERNOR OF TENNESSEE, ET AL., Respondents. APRIL DEBOER, ET AL., Petitioners, V. RICK SNYDER, GOVERNOR OF MICHIGAN, ET. AL. Respondents. GREGORY BOURKE, ET AL., AND TIMOTHY LOVE, ET AL, Petitioners, V. STEVE BESHEAR, GOVERNOR OF KENTUCKY, ET AL., Respondents. - ii TABLE OF CONTENTS INTEREST OF THE AMICI CURIAE ....................... 1  SUMMARY OF THE ARGUMENT ......................... 14  ARGUMENT ............................................................. 15  A.  Our Businesses Benefit From Diversity and Inclusion. ............................................... 20  B.  C.  To Reap The Rewards Of Diversity, Employers Need To Be Able To Recruit And Retain Top Talent, In Part Through Equitable And Competitive Benefits Packages. ....................................... 23  1.  Employees in same-sex relationships receive varying, if any, access to the rights, benefits, and privileges that different-sex couples enjoy. ...................... 27  2.  Marriage discrimination drives talented individuals away from jurisdictions in which amici do business. ........................................... 30  Marriage Discrimination Injures Amici’s Businesses. ............................................ 35  1.  The states’ bans impose significant burdens on our employees and our businesses. .......................... 36  2.  State bans undermine our corporate cultures. ................................. 41  CONCLUSION ......................................................... 44  APPENDIX A: IDENTIFICATION OF AMICI ........ 1  - iii TABLE OF AUTHORITIES PAGE(S) CASES In re Adoption of K.R.S., 109 So. 3d 176 (Ala. Civ. App. 2012) ................... 29 Ex parte Ala. ex rel. Ala. Policy Inst., No. 1140460 (Ala. Mar. 3, 2015) .......................... 16 Baskin v. Bogan, 766 F.3d 648 (7th Cir. 2014) .......................... 17, 19 Bostic v. Schaefer, 760 F.3d 352 (4th Cir. 2014) .......................... 17, 18 Brenner v. Scott, 999 F. Supp. 2d 1278 (N.D. Fla. 2014) ................ 17 DeBoer v. Snyder, 772 F.3d 388 (6th Cir. 2014) ................................ 19 Garden State Equal. v. Dow, 82 A.3d 336 (N.J. Super. Ct. Law Div. 2013) ...... 17 Goodridge v. Dep’t of Pub. Health, 798 N.E.2d 941 (Mass. 2003) ............................... 16 Griego v. Oliver, 316 P.3d 865 (N.M. 2013) ..................................... 17 Grutter v. Bollinger, 539 U.S. 306 (2003) .............................................. 23 - iv Kitchen v. Herbert, 755 F.3d 1193 (10th Cir. 2014) .......... 17, 18, 28, 42 Latta v. Otter, 71 F.3d 456 (9th Cir. 2014) ............................ 17, 19 Murphy v. Colvin, No. 1:14-cv-01764 (D.D.C. Oct. 22, 2014) ............ 27 Searcy v. Strange, No. 14-0202, 2015 WL 328728 (S.D. Ala. Jan. 23, 2015) ....................................................... 17 In re Seb C-M, NYLJ 1202640527093 (N.Y. Surr. Ct. Jan. 6, 2014) ......................................................... 31 Strawser v. Strange, No. 14-0424, 2015 WL 589917 (S.D. Ala. Feb. 12, 2015) ...................................................... 16 Taylor v. Brasuell, No. 1:14-cv-00273 (D. Idaho July 7, 2014) ............................................... 28 United States v. Windsor, 133 S. Ct. 2675 (2013) ..................................passim Varnum v. Briten, 763 N.W.2d 862 (Iowa 2009) ................................ 16 Waters v. Ricketts, No. 8:14-cv-356 (D. Neb. Mar. 2, 2015)................ 16 Whitewood v. Wolf, 992 F. Supp. 2d 410 (M.D. Pa. 2014) ................... 17 -vFEDERAL STATUTES 38 U.S.C. § 103(c)....................................................... 27 42 U.S.C. § 416(h)(1)(A)(i) ......................................... 27 STATE CONSTITUTION GA. CONST. art. I § 4, para. 1(b) .................................. 36 STATE AND D.C. STATUTES CONN. GEN. STAT. § 46b-20 ........................................ 16 D.C. CODE § 46-401 .................................................... 17 DEL. CODE ANN., tit. 13, § 101 .................................... 16 HAW. REV. STAT. § 572 ................................................ 16 HAW. REV. STAT. § 580-1 ............................................ 16 750 ILL. COMP. STAT. § 5/201 ...................................... 16 750 ILL. COMP. STAT. § 209 ......................................... 16 750 ILL. COMP. STAT. § 212 ......................................... 16 750 ILL. COMP. STAT. § 213.1 ...................................... 16 750 ILL. COMP. STAT. § 220 ......................................... 16 750 ILL. COMP. STAT. § 75/60 ...................................... 16 ME. REV. STAT., TIT. 19-A § 650-A .............................. 16 MD. CODE ANN., FAM. LAW § 2-201 ............................ 16 - vi MINN. STAT. § 517.01 .................................................. 16 N. H. REV. STAT. ANN. § 457:1-a ................................. 16 N.Y. DOM. REL. LAW § 10-a ........................................ 17 R.I. GEN. LAWS § 15-1-1. ............................................. 17 VT. STAT. ANN. tit. 15 § 8 ............................................ 17 WASH. REV. CODE § 26.04.010 .................................... 17 OTHER AUTHORITIES Belle R. Ragins, et al., Making the Invisible Visible: Fear and Disclosure of Sexual Orientation at Work, 92 J. APPLIED PSYCHOL. 1103 (2007) ................................................. 26 C. Matthew Schulz, Recruiting & retaining the best & brightest talent, L.A. DAILY J. (Dec. 26, 2013). ..................................................... 25 CEB, Diversity & Inclusion, 3 March 2015, www.executiveboard.com/exbd/hu man-resources/corporate-leadershipcouncil/diversity-andinclusion/index.page ............................................. 21 Evan Wolfson, Protections Denied to Same-sex Couples & Their Kids, FREEDOM TO MARRY, www.freedomtomarry.org/pages/from-whymarriage-matters-appendix-b-by-evanwolfson .................................................................. 29 - vii Feng Li & Venky Nagar, Diversity & Performance, 59 MGMT. SCI. 529 (2003) .................................................. 21, 22, 41, 43 Ga. Dep’t of Revenue, Informational Bulletin No. T-2013-10-25; U.S. Supreme Court & the Defense of Marriage Act (Oct. 25, 201 3), www.dor.georgia.gov/sites/dor.georgia. gov/files/related_files/document/LATP/Bu lletin/DOMA_bulletin_10-25-2013_1.pdf ............. 37 Gary J. Gates, Williams Institute, UCLA School of Law, Marriage Equality & the Creative Class (May 2009), www.williamsinstitute.law.ucla.edu/wpcontent/uploads/Gates-MA-CreativeClass-May-2009.pdf. ............................................. 32 Global Diversity & Inclusion: Fostering Innovation Through a Diverse Workforce, FORBES INSIGHTS (July 2011), www.forbes.com/forbesinsights/ innovation_diversity ................................. 20, 21, 23 Governor Terry McAuliffe, Governor McAuliffe Statement on Bostic v. Rainey Ruling (Feb. 14, 2014), www.governor.virginia.gov/ news/newsarticle?articleId=3302......................... 34 Hon. Eric H. Holder, Jr., U.S. Atty. Gen., Remarks at the Human Rights Campaign Greater N.Y. Gala (Feb. 10, 2014) www.justice.gov/iso/opa/ag/speeches/2014 /ag-speech-140210.html........................................ 29 - viii Human Rights Campaign, 2014 Municipal Equality Index: A Nationwide Evaluation of Municipal Law (2014), www.hrcassets.s3-website-us-east1.amazonaws.com//files/assets/resources/ MEI-2014.pdf. ....................................................... 32 Human Rights Campaign, Corporate Equality Index (2015), www.hrc.org/camp aigns/corporate-equality-index ........................... 20 Human Rights Campaign, Domestic Partner Benefits: Grossing Up to Offset Imputed Income Tax, www.hrc.org/resources/entry /domestic-partner-benefits-grossing-upto-offset-imputed-income-tax ............................... 39 Janell L. Blazovich, et al., Do Gay-friendly Corporate Policies Enhance Firm Perfor mance? (Apr. 29, 2013), www.westinfo.eu/files/gayfriendly1.pdf ................... 22, 25, 30 Joanne Sammer & Stephen Miller, The Future of Domestic Partner Benefits: If same-sex couples can wed, should employers provide benefits to unmarried couples?, SOC’Y FOR HUM. RES. MGMT. (Oct. 21, 2013), www.shrm.org/hrdiscipli nes/benefits/articles/pages/domesticpartner-benefits.aspx ........................................... 36 - ix Katie Kopansky & Jerry Cacciotti, “The Cost of Inconsistency: Quantifying the Economic Burden to American Business from the Patchwork Quilt of Marriage Laws” (Oct. 2014), www.outandequal.org/wpcontent/uploads/2014/12/nyc.pdf ............. 18, 36, 41 Level Playing Field Inst., The Corporate Leavers Survey: The Cost of Employee Turnover Due Solely to Unfairness in the Workplace (2007), www.lpfi.org/sites/defa ult/files/corporate-leavers-survey.pdf .................. 26 Marian Moser Jones, Will Same-SexMarriage Rulings Lead to an LGBT Brain Drain in Some States?, CHRON. HI GHER EDUC. (June 27, 2013), www.chroni cle.com/blogs/conversation/2013/06/27/wil l-same-sex-marriage-rulings-lead-to-anlgbt-brain-drain-in-some-states/ .......................... 34 Matt Apuzzo, More Federal Privileges to Extend to Same-Sex Couples, N.Y. TIMES (Feb. 8, 2014), www.nytimes.com/2014/02 /09/us/more-federal-privileges-to-extendto-same-sex-couples.html ..................................... 29 Matt Motyl, et al., How Ideological Migration Geographically Segregates Groups, 51 J. EXPERIMENTAL SOC. PSYCHOL. 1 (2014) ................................................. 31 -xMax Messmer, Four Keys to Improved Staff Retention, STRATEGIC FIN. (Oct. 2006), www.imanet.org/PDFs/Public/SF/2006_1 0/10careers.pdf ..................................................... 25 MetLife, Insights from MetLife’s 12th Annual U.S. Employee Benefit Trends Study (2014), www.benefittrends.metlife. com/assets/downloads/benefitsbreakthrough-summaries-2014.pdf ............... 24, 25 Michael J. Moore, Same Sex Marriage Rules Hamper Wall Street’s Recruiting, BLOOMBERG BUS. (Apr. 30, 2013) ................... 32, 33 Movement Advancement Project et al., A Broken Bargain: Discrimination, Fewer Benefits and More Taxes for LGBT Workers (Full Report) (June 2013), www.lgbtmap.org/file/a-broken-bargainfull-report.pdf ........................................... 20, 35, 39 M.V. Lee Badgett, et al., The Business Impact of LGBT-Supportive Workplace Policies, WILLIAMS INSTITUTE (May 2013), www.williamsinstitute.law.ucla.edu/wpcontent/uploads/Business-Impact-LGBTPolicies-Full-Report-May-2013.pdf .......... 22, 23, 26 NAT’L CONFERENCE OF STATE LEGISLATURES, Same Sex Marriage Laws, www.ncsl.org/ research/human-services/same-sexmarriage-laws.aspx .............................................. 15 - xi Nick Anderson, Outgoing rector warns Virginia on gay marriage, WASH. POST (Aug. 12, 2013) ...................................................... 84 Only skin deep? Re-examining the business case for diversity, DELOITTE POINT OF VIEW (Sept. 2011), www.ced.org/pdf/Deloi tte_Only_Skin_Deep.pdf ...................................... 21 OUT & EQUAL, Majority of Americans Believe Gay and Lesbian Couples in Committed Relationships Should Receive Equal Workplace Benefits as Heterosexual Married Couples (Oct. 4, 2010), www.har risinteractive.com/NewsRoom/PressRelea ses/tabid/446/ctl/ReadCustom%20Default /mid/1506/ArticleId/577/Default.aspx ............ 25, 26 OUT & EQUAL, Most Americans Say Employers Should Never Discriminate, Even on Religious Grounds, According to Latest Harris/Out & Equal Poll, (Oct. 30, 2014), www.harrisintera ctive.com/NewsRoom/HarrisPolls/tabid/447/ctl /ReadCustom%20Default/mid/1508/ArticleId/1 514/Default.aspx ................................................... 31 Out on the Street & Immigration Equality, Thinking Outside of the Closet: The Cost of LGBT Exclusion; How Discriminatory Immigration Laws Hurt Business (Feb. 5, 2013), www.outleadership.org/wpcontent/ uploads/2013/11/Thinking-Outside-theCloset-Volume-2.pdf ............................................. 33 - xii Paula Andruss, How to Attract—And Retain— Staff When You Can’t Pay Big Bucks, ENTREPRENEUR MAG. (June 27, 2012), www.entrepreneur.com/article/223516 ......... 24, 25 Peter K. Scott, State Positions on Same-Sex Married Couple Filing Status Will Affect Employers, Worldwide ERC (Feb. 3, 2014), www.worldwideerc.org/Blogs/MobilityLawB log/Lists/Posts/Post.aspx?List=c020aee5%2 D48ad%2D47b2%2D8295%2Da4cf71ba9e34 &ID=192 ............................................................... 40 Richard Florida, THE RISE OF THE CREATIVE CLASS—REVISITED (2d ed. 2012) .......................... 38 Scott B. Button, Organizational Efforts to Affirm Sexual Diversity: A Cross-Level Examination, 86 J. APPLIED PSYCHOL. 17 (2001) .................................................................... 26 Sophia Kerby & Crosby Burns, The Top 10 Economic Facts of Diversity in the Workplace, CTR. FOR AM. PROGRESS (July 12, 2012), www.americanprogress.org /issues/labor/news/2012/07/12/11900/thetop-10-economic-facts-of-diversity-in-theworkplace .............................................................. 25 States, Freedom TO MARRY, www.freedomtomarry.org/states/ ........................ 17 - xiii Tara Siegel Bernard, A Progress Report on Gay Employee Health Benefits, N.Y. TIMES (updated Mar. 4, 2013), www.buck s.blogs.nytimes.com/2010/12/14/aprogress-report-on-gay-employee-healthbenefits............................................................ 39, 40 Todd Sears, et al., Thinking Outside the Closet: How Leaders Can Leverage the LGBT Talent Opportunity, OUT ON THE STREET (2012), www.outleadership.org/w p-content/uploads/2013/11/ThinkingOutside-the-Closet-Volume-One.pdf.............. 21, 42 Todd A. Solomon & Brett R. Johnson, Walking Employers Through the Regulatory Maze Surrounding Same-Sex Domestic Partner Benefits, PROBATE & PROPERTY 14 (Mar./Apr. 2012), www.ame ricanbar.org/content/dam/aba/publication s/probate_property_magazine/v26/02/201 2_aba_rpte_pp_v26_2_mar_apr_solomon_ johnson.authcheckdam.pdf .................................. 40 Todd A. Solomon & Brian J. Tiemann, Issues to Consider in Providing a Tax Gross-Up for Emps. Covering Same-Sex Spouses & Partners under the Employer’s Medical, Dental, & Vision Plans, 4 (No. 2) BLOOMBERG L. REPORTS— EMPLOYEE BENEFITS (2011), www.mwe.c om/info/pubs/solomon_tiemann_tax_gross -up_for_employees.pdf .......................................... 40 - xiv U.K. Gov’t Equalities Office, Dep’t for Bus. Innovation & Skills, The Business Case for Equality and Diversity: A survey of the academic literature, BIS OCCASIONAL PAPER No. 4 (Jan. 2013), www.gov.uk/gov ernment/uploads/system/uploads/attach ment_data/file/49638/the_business_case_ for_equality_and_diversity.pdf ............................ 43 U.S. Bureau of Labor Statistics, Employee Benefits in the U.S. (July 25, 2014), www.bls.gov/news.release/ebs2.nr0.htm ............. 24 U.S. Gen. Accounting Office, GAO-04-353R, Defense of Marriage Act: Update to Prior Report (Jan. 23, 2004), www.gao.gov/ assets/100/92441.pdf ............................................ 30 U.S. Office of Personnel Mgmt., Grossing Up Awards, Why & Why Not, www.opm.gov/ policy-data-oversight/performancemanagement/performance-managementcycle/rewarding/grossing-up-awards ............. 39, 40 INTEREST OF THE AMICI CURIAE1 This brief is submitted with the written consent of all parties pursuant to Rule 37.3(a). Amici include technology, materials, airline, financial services, healthcare, medical technology, consumer products, apparel, and entertainment companies, hoteliers, restaurateurs, service providers, and retailers, ranging from small businesses to Fortune 100 companies. Amici share a profound desire to attract and retain a talented workforce. Some of the states in which amici do business make marriage equally available to all of our employees and colleagues; others prohibit marriages between couples of the same sex and refuse to recognize existing same-sex marriages. This dual regime burdens amici. It creates legal uncertainty and imposes unnecessary costs and administrative complexities on employers, and requires differential employer treatment of employees who are similarly situated save for the state where they reside. State laws that prohibit or decline to recognize marriages between same-sex couples hamper employer efforts to recruit and retain the most 1 Pursuant to Rule 37.6, counsel for amici certify that no counsel for any party had any role in authoring this brief in whole or in part, and that no person other than amici, their members, or their counsel made any monetary contribution intended to fund the preparation or submission of this brief. The parties have consented to the filing of this brief, and their letters of consent have been filed with the Clerk. -2talented workforce possible in those states. Our sucsuccesses depend upon the welfare and morale of all employees, without distinction. The burden imposed by inconsistent and discriminatory state laws of having to administer complicated schemes to account for differential treatment of similarly situated employees breeds unnecessary confusion, tension, and diminished employee morale. Amici submit this brief to advise the Court of the adverse impact on employers of these conflicting legal schemes. Amici curiae are the following employers and organizations representing employers: A.L. Nella & Company, LLP, CPAs A.T. Kearney Aardema Whitelaw, PLLC Acacia Home LLC* Accenture Aetna Inc. Air Products and Chemicals, Inc. AJ Leo Electric and Solar Akamai Technologies, Inc. Alaska Airlines Alcoa Inc. Amazon Services Inc. * Amazon.com, Inc. American Airlines Group Inc. American Apparel* American Express Company Denotes amici represented by WG+R Law Group, P.C., rather than Morgan, Lewis & Bockius LLP. * -3American International Group, Inc.* Aparicio-Mercado Law, L.C.* Apple Inc. AppNexus Inc.* Aramark Arbor Brewing Company, LLC Arnold & Porter LLP Aspen Skiing Company Assemble Sound LLC AT&T Inc. Atlas Cut Stone Atticus Circle The Austin Gay and Lesbian Chamber of Commerce Avanade Inc. Bain & Company, Inc.* Bakehouse Art Complex* Baker & McKenzie LLP Bank of America The Bank of New York Mellon Corporation Barclays Barnes & Noble, Inc. bebe stores, inc. Becton, Dickinson and Company Belcampo Inc. Ben & Jerry’s Big Duck Studio, Inc. Bigelow Villa LLC Billy’s Farm* BlackRock, Inc. Bloomberg L.P. Blue Apron, Inc. Blue Heron Ventures Blue Moon Hotel / Winter Haven Hotel* Blume, Faulkner & Skeen, PLLC* -4Boehringer Ingelheim Pharmaceuticals, Inc.* Boston Community Capital, Inc. Boston Consulting Group* The Boston Foundation* Boston Medical Center Corporation* Boston Scientific Corporation Brady Mills LLC BrandQuery LLC Bristol-Myers Squibb Company Broadcom Corporation Brocade Cablevision Systems Corporation Capital One Financial Corporation Captain Wendell’s Marine Services LLC Cardinal Health, Inc.* Care Resource CBS Corporation CEB Central Physical Therapy and Fitness, PSC CGI Charlotte Business Guild The Chubb Corporation* CIGNA Corporation Cisco Systems, Inc. Citigroup Inc. City Catering Company City Lites Neon, Inc. The City of Ann Arbor, Michigan Civitas Public Affairs Group Clean Yield Asset Management CloudFlare, Inc. CMIT Solutions of Seattle Downtown The Coca-Cola Company Cohen & Associates -5Colgate-Palmolive Company Columbia FunMap, Inc. * Comcast Corporation The Computer Butler ConAgra Foods, Inc.* The Corcoran Group Corner Brewery, LLC* Corning Incorporated* Cox Enterprises, Inc. Crazy Misfits Pet Services Credit Suisse Securities (USA) LLC Cummins Inc. Cupcake Royale* CVS Health Corporation Dallas Voice Dana-Farber Cancer Institute, Inc.* Danaher Corporation David J. Jarrett, P.C. David Kosar Insurance Agency David Mack Henderson Income Tax Preparation DCI Group AZ, L.L.C.* Deloitte LLP Delta Air Lines, Inc. Depository Trust & Clearing Corporation* The Desert Business Association* Deutsche Bank AG Diageo North America, Inc. DIRECTV DocuSign* Domini Social Investments LLC The Dow Chemical Company Dreamcatcher Arts and Publishing Ltd. * Dropbox, Inc. DuPont -6eBay Inc. Edelman Eldercare Consulting Electronic Arts Inc. EnduringHydro, LLC Ernst & Young LLP The Estée Lauder Companies Inc. Event Rents* Everything Real Estate LLC Express Movers Inc. Facebook, Inc. Farella Braun + Martel, LLP Fastsigns* Fenwick & West LLP First Data Corporation* 1st Security Bank 1stdibs.Com, Inc. FIT Technologies Flanery CPA Full Court Press Communications G.A.W., Inc. * The Gay and Lesbian Chamber of Commerce Nevada* General Electric Company General Mills, Inc. Gensler Gilt Groupe Holdings, Inc. GlaxoSmithKline LLC Gleason & Associates Claims Services Go Factory, Inc. Goethel Engelhardt, PLLC The Goldman Sachs Group, Inc. Google Inc. Goulston & Storrs, P.C.* Great Officiants LLC -7The Greater Connecticut Gay and Lesbian Chamber of Commerce Greater San Diego Business Association* Greater Seattle Business Association Greensulate Grossman Marketing Group Group Health Cooperative* Groupon* Growing Hope Harrell Remodeling The Hartford Financial Services Group, Inc.* Healthline Hewlett-Packard Company Hilton Worldwide Holdings Inc.* Holdredge Wines Homeward Pet Adoption Center Horizon Air Industries, Inc. House Packard LLC HSBC Ikard Wynne LLP The Independence Business Alliance The Inland Northwest Business Alliance Insala, Ltd Inspirato, LLC Integrated Archive Systems, Inc. Integrity Law Group* Intel Corporation* Intuit Inc. INUS Group, LLC Jackson Hole Group LLC Jagod Designs Jazz Pharmaceuticals, Inc. Jenn T. Grace International LLC Jennifer Brown Consulting -8JetBlue Airways Corporation The Jim Henson Company Johnson & Johnson Johnston, Kinney and Zulaica LLP Jonathan L. Bowman, Attorney at Law, PS JPMorgan Chase & Co. Julian Chang Consulting, Inc. kapchur.us photography The Kathy A. Janssen Foundation Kazan, McClain, Satterley, & Greenwood, PLC Keir Jones Agency – State Farm Keker & Van Nest LLP* KEO Marketing Inc. Kimberly-Clark Corp. Kimpton Hotel & Restaurant Group, LLC Kollmar Sheet Metal Works, Inc. Kotzan Chiropractic* KPMG LLP Lambda Business Association Laparoscopic Institute for Gynecologic Oncology Larson Marketing & Communications LLC Laughton Properties* Law Offices of Joel L. Sogol Law Office of Lisa E. Schuchman Law Office of Lorie L. Burch, PC Law Offices of Robin L. Bodiford, P.A.* The Law Office of Susan K. Fuller, PLLC Levi Strauss & Co. Liberty Burger* Lieff Cabraser Heimann & Bernstein, LLP Life & Love Celebrations* Link in the Chain Foundation, Inc. Littler Mendelson, P.C. LNT, Inc. -9The Long Beach Gay & Lesbian Chamber of Commerce Lori Karbal et al* Loring, Wolcott & Coolidge Trust, LLC The Los Angeles Gay & Lesbian Chamber of Commerce* Main Street Hair Shoppe Ltd. Marriott International, Inc. Marsh & McLennan Companies, Inc. Massachusetts Mutual Life Insurance Company McGraw Hill Financial, Inc.* McKesson Corporation* McKinsey & Company, Inc.* Merca Property Management The Miami-Dade Gay & Lesbian Chamber of Commerce Microsoft Corporation* The Mid-America Gay & Lesbian Chamber of Commerce Miller & Olson, LLP Miller Shelton Group, LLC* MillerCoors LLC Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. Mona Smith PLLC Moody’s Corporation Morgan Miller Plumbing Morgan Stanley MWW Public Relations NAMI Dallas, Inc. * The Nashville LGBT Chamber of Commerce The National Gay & Lesbian Chamber of Commerce Nationwide Mutual Insurance Company Neumann Capital Management, LLC The New England Patriots - 10 New Leaf Columbus New York Life Insurance Company Nifty Hoops, LLC NIKE, Inc.* Nixon Peabody LLP* North Texas GLBT Chamber of Commerce* Northrop Grumman Corporation OBOX Solutions Office Depot, Inc. The Ogilvy Group, Inc. Ogletree, Deakins, Nash, Smoak & Stewart, P.C. ONE Community Media, LLC 1 Source Consulting Solutions* Oracle America, Inc. Orbitz Worldwide, Inc.* Out & Equal Workplace Advocates Outerwall Inc. Pakmode Publications, LLC d/b/a Pakmode Media + Marketing Pandora Media, Inc. PATH Peabody & Arnold LLP* Pepper Hamilton LLP PepsiCo Pfizer Inc. Pixelligent Technologies LLC Plexus Education Foundation Plexus LGBT and Allied Chamber of Commerce Portland Area Business Association* PricewaterhouseCoopers LLP PrideFest The PrintingWorks Pro-Tec Data, Inc. Procter & Gamble - 11 ProTrials Research, Inc. * Prudential Financial, Inc. Puma Spring Vineyards Qualcomm Incorporated Quorum RAFI Architecture and Design* Rainbow Chamber of Commerce Silicon Valley Ralph’s Regal Weddings Ray Holley Communications* RBC Capital Markets, LLC Replacements, Ltd. * Restaurant Management Concepts Reverberate! Marketing Communications, Inc. Rising Tide Brewing Company* RJR Photography Robert H Stutz Jr CPA* Rockwell Automation, Inc. Rotella & Hernandez, LLC The Sacramento Rainbow Chamber of Commerce* Sadek Bonahoom PLC The San Francisco Chamber of Commerce The San Francisco Giants The Seattle Lesbian, LLC Seattle Metropolitan Chamber of Commerce* Sempra Energy* Seyfarth Shaw LLP Shingles Roofing LLC* Sidetrack, Inc. * Simon, Schindler & Sandberg LLP Skellenger Bender, P.S. Skyworks Solutions, Inc.* Sleeves Up Productions, LLC* Sōw Spectra Law PS - 12 Spry Vision, Inc. St. Jude Medical, Inc. Staples, Inc.* Starbucks Corporation Starrtek LLC* State Street Corporation Steven Graves Insurance Agency* Stonewall Behavioral Health Stonewall Columbus Stuffed Cakes, LLC* Sun Life Financial (U.S.) Services Company, Inc. SunDaily Support.com, Inc. Sweet Dixie Kitchen* Symantec Corporation Taber Food Services, Inc. dba Hobee’s California Restaurants The Tampa Bay Rays Target Corporation TD Bank, N.A. TD Securities (USA) LLC Tech Data Corporation* TestTracks Thinking Cap Communications & Design Third Point LLC Thomson Reuters* Tiwary Entertainment Group LLC TNT Promotions, LLC* TOCA Events, LLC* TravelOut, Inc. Tutta Bella Neapolitan Pizzeria Twitter, Inc. 206 Inc. * UBS AG - 13 The Ultimate Software Group, Inc. United Air Lines, Inc. United Therapeutics Corporation Uptown Physicians Group* VCB Consulting & Accounting Services* Verizon Communications Inc. Viacom Inc. Visa Inc.* VitaPerk* VMware, Inc. * W. M. Martin Advertising W.W. Grainger, Inc.* W/S Development Associates LLC* Walsh Wellness Center* The Walt Disney Company* Wasserman Media Group Wells Fargo & Company Whey Natural! USA LLC Wisconsin LGBT Chamber of Commerce Witeck Communications, Inc. The Workplace Equality Index Wyndham Worldwide Corporation Xerox Corporation* Xfund YES DESIGN GROUP Ypsilanti Downtown Development Authority Zausmer, Kaufman, August & Caldwell, P.C. Zingerman’s Community of Businesses ZoomSystems Zynga Inc. - 14 SUMMARY OF THE ARGUMENT More than seventy percent of Americans live in a state that celebrates and recognizes same-sex marriages. But many states continue to prohibit same-sex couples from marrying, and decline to recognize the valid, existing marriages of citizens married to a spouse of the same sex. This fractured legal landscape harms employers and employees alike. Over the past several years, federal and state courts have evaluated the constitutionality of samesex marriage bans to varying effect. Amici already operate against a complicated, uncertain, and frequently changing backdrop of laws and employment-related regulations that increase our administrative costs. Inconsistent state marriage laws impose an added economic burden on American businesses at an estimated cost of over one billion dollars per year. Discriminatory state laws force amici to implement inconsistent policies across the various jurisdictions in which we operate, our stated corporate principles of diversity and inclusion notwithstanding. Our ability to grow and maintain our businesses by attracting and retaining the best employee talent is hindered. The patchwork of state laws applicable to same-sex marriage thus impairs our business interests and employer/employee relations. If the Court were to affirm the decision below, the costs and uncertainty imposed by inconsistent state marriage laws will only continue. In contrast, reversal will reduce current costs, - 15 administrative burden, and diversion of resources from our core businesses. We therefore respectfully urge the Court to reverse the decision below and affirm a uniform principle that all couples share in the right to marry. ARGUMENT Nearly two years ago, the Court held in United States v. Windsor that the federal government may not, consistent with the Constitution, refuse to recognize valid marriages between persons of the same sex.2 The Court noted that some jurisdictions had determined that same-sex couples should have “the right to marry and so live with pride in themselves and their union and in a status of equality with all other married persons.”3 The Court concluded that no legitimate purpose overcomes the purpose and effect to disparage and to injure those whom the State, by its marriage laws, sought to protect in personhood and dignity. By seeking to displace this protection and treating those persons as living in marriages less respected than others, the federal statute is in violation of the Fifth Amendment.4 133 S. Ct. 2675 (2013) (invalidating Section 3 of the Defense of Marriage Act of 1996). 2 3 Id. at 2689. 4 Id. at 2696. - 16 Marriage is now equally available to all couples, regardless of each partner’s sex, in thirty-seven states and the District of Columbia. 5 In sixteen of those states and the District of Columbia, state law provides same-sex couples with equal access to marriage—state laws that stand independent of whatever constitutional judgment the Court issues in this case.6 In the other twenty-one states, same-sex cou5 Marriages between same-sex couples are currently licensed by Alabama, Alaska, Arizona, California, Colorado, Connecticut, Delaware, Florida, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Maine, Maryland, Massachusetts, Minnesota, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming, and the District of Columbia. See, e.g., NAT’L CONFERENCE OF STATE LEGISLATURES, Same-Sex Marriage Laws, www.ncsl.org/research/humanservices/same-sex-marriage-laws.aspx. In addition, the U.S. District Court for the District of Nebraska has issued an order that, effective March 9, 2015, “all relevant state officials are ordered to treat same-sex couples the same as different sex couples in the context of processing a marriage license or determining the rights, protections, obligations or benefits of marriage.” Waters v. Ricketts, No. 8:14-cv-356 (D. Neb. Mar. 2, 2015), appeal docketed, No. 15-1452 (8th Cir. 2015). On March 3, 2015, the Alabama Supreme Court “temporarily enjoined” each Alabama state probate judge (other than a probate judge currently subject to a federal injunction) from “issu[ing] … marriage licenses to same-sex couples.” Ex parte Ala. ex rel. Ala. Policy Inst., No. 1140460 (Ala. Mar. 3, 2015); see also Strawser v. Strange, No. 14-0424, 2015 WL 589917 (S.D. Ala. Feb. 12, 2015) (federal injunction). See CONN. GEN. STAT. § 46b-20; DEL. CODE ANN., tit. 13, § 101; HAW. REV. STAT. §§ 572-A–572-E, 572-1, 572-3, 572-6, 572-13, 572B-4, 572B-9.5, 572C-2, 580-1; 750 ILL. COMP. STAT. §§ 5/201, 209, 212, 213.1, 220 & 75/60, 65; Varnum v. Brien, 763 N.W.2d 862 (Iowa 2009); ME. REV. STAT., tit. 19-A, § 650-A; MD. 6 - 17 ples are currently able to marry only as a result of federal court decisions invalidating restrictions on same-sex marriage. 7 The remaining thirteen states continue to refuse to allow same-sex partners to marry, or to recognize their valid existing marriages.8 CODE ANN., FAM. LAW § 2-201; Goodridge v. Dep’t of Pub. Health, 798 N.E.2d 941 (Mass. 2003); MINN. STAT. § 517.01, et seq.; N.H. REV. STAT. ANN. § 457:1-a; Garden State Equal. v. Dow, 82 A.3d 336 (N.J. Super. Ct. Law Div. 2013); Griego v. Oliver, 316 P.3d 865 (N.M. 2013); N.Y. DOM. REL. LAW § 10-a; R.I. GEN. LAWS § 15-1-1, et seq.; VT. STAT. ANN. tit. 15, § 8; WASH. REV. CODE § 6.04.010; D.C. CODE § 46-401. Kitchen v. Herbert, 755 F.3d 1193 (10th Cir. 2014) cert. denied, 135 S. Ct. 265 (2014); Bostic v. Schaefer, 760 F.3d 352 (4th Cir. 2014) cert. denied sub nom. Rainey v. Bostic, 135 S. Ct. 286 (2014), sub nom. Schaefer v. Bostic, 135 S. Ct. 308 (2014), and sub nom. McQuigg v. Bostic, 135 S. Ct. 314 (2014); Baskin v. Bogan, 766 F.3d 648 (7th Cir. 2014), cert. denied, 135 S. Ct. 316 (2014), and cert. denied sub nom. Walker v. Wolf, 135 S. Ct. 316 (2014); Latta v. Otter, 771 F.3d 456 (9th Cir. 2014) (rehearing denied); Whitewood v. Wolf, 992 F. Supp. 2d 410 (M.D. Pa. 2014); Brenner v. Scott, 999 F. Supp. 2d 1278 (N.D. Fla. 2014), appeal docketed sub nom. Brenner v. Armstrong, No. 14-14061AA (11th Cir. 2015) (stayed); Searcy v. Strange, No. 14-0202, 2015 WL 328728 (S.D. Ala. Jan. 23, 2015), appeal docketed sub nom. Searcy v. Att’y Gen. of Ala., No. 15-10295-C (11th Cir. 2015) (stayed). 7 8 At this time, Arkansas, Georgia, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Nebraska, North Dakota, Ohio, South Dakota, Tennessee, and Texas decline to issue marriage licenses to same-sex couples. Among them, only Missouri recognizes marriages between persons of the same sex that were lawfully performed in other jurisdictions, States, FREEDOM TO MARRY, www.freedomtomarry.org/states/. A federal court has ordered that Nebraska license and recognize same-sex marriages starting March 9, 2015. See supra n.5. - 18 As employers, amici know firsthand that this fractured legal landscape hampers economic growth and impedes innovation by forcing businesses to work harder, and invest more, to achieve the same return on our investments. Inconsistent marriage laws force companies to divert significant time and money to the creation and maintenance of complex administrative systems needed to differentiate treatment of otherwise indistinguishable employees based on the different marriage laws of the places where they live. These differences can create rifts in the employeremployee relationship.9 Employers are better served by a uniform marriage rule that gives equal dignity to employee relationships. Allowing same-sex couples to marry improves employee morale and productivity, reduces uncertainty, and removes the wasteful administrative burdens imposed by the current disparity of state law treatment. Although the Court did not decide in Windsor whether the Constitution requires that same-sex couples be allowed to marry, numerous courts have taken up that issue since. Four out of five United States Courts of Appeal have held that marriage must be equally available to same-sex couples.10 9 See Katie Kopansky & Jerry Cacciotti, The Cost of Inconsistency: Quantifying the Economic Burden to American Business from the Patchwork Quilt of Marriage Laws 2, at 1 (Oct. 2014) (“For American businesses, inconsistent marriage laws impose a significant economic burden—specifically a $1.3 billion annual cost.”), www.outandequal.org/wpcontent/uploads/2014/12/nyc.pdf. Kitchen, 755 F.3d at 1199 (holding that same-sex couples have a fundamental right to “marry, establish a family, raise 10 - 19 In one such ruling, the Ninth Circuit observed: The lessons of our constitutional history are clear: inclusion strengthens, rather than weakens, our most important institutions. When we integrated our schools, education improved. When we opened our juries to women, our democracy became more vital. When we allowed lesbian and gay soldiers to serve openly in uniform, it enhanced unit cohesion. When same-sex couples are married, just as when opposite-sex couples are married, they serve as models of loving commitment to all.11 These same observations ring true for American companies: diversity and inclusion strengthen, not weaken, our businesses. children, and enjoy the full protection of a state’s marital laws”); Bostic, 760 F.3d at 377 (“Over the decades, the Supreme Court has demonstrated that the right to marry is an expansive liberty interest that may stretch to accommodate changing societal norms … [and] is not circumscribed based on the characteristic of the individuals seeking to exercise that right.”); Baskin, 766 F.3d at 656 (“discrimination against same-sex couples is irrational and therefore unconstitutional even if the discrimination is not subjected to heightened scrutiny”); Latta, 771 F.3d at 473 (finding unconstitutional prohibition on marriages between persons of the same sex). But see DeBoer v. Snyder, 772 F.3d 388 (6th Cir. 2014) (reversing district court opinions that had declared marriage discrimination unconstitutional), cert. granted sub nom. Obergefell v. Hodges, Nos. 14-556, 14-562, 14-571, 14574, 2015 WL 213651 (U.S. Jan. 16, 2015). Latta, 771 F.3d at 476 (quotation marks and citations omitted). 11 - 20 A. Our Businesses Benefit From Diversity and Inclusion. “Today, diversity and inclusion … are a given.”12 They are among the core principles of amici in the conduct of their businesses. The value of diversity and inclusion in the workplace has been welldocumented following rigorous analyses. Amici and others recognize that diversity is crucial to innovation and marketplace success.13 Members of the lesbian, gay, bisexual, and transgender (“LGBT”) community are one source of that diversity. A May 2013 Small Business Majority survey reported that sixty-nine percent of small business owners support nondiscrimination laws protecting LGBT workers.14 As of 2015, eighty-nine percent of Fortune 500 companies provide non-discrimination protection for their LGBT employees, and sixty-six percent offer benefits to same-sex partners.15 Global Diversity & Inclusion: Fostering Innovation Through a Diverse Workforce, FORBES INSIGHTS, 11 (July 2011) (hereinafter ”Forbes Insights”), www.forbes.com/forbesinsights/i nnovation_diversity (a comprehensive study of 300 senior diversity officers at companies worldwide with revenues of at least $500 million). 12 13 Id. at 5. Movement Advancement Project, et al., A Broken Bargain: Discrimination, Fewer Benefits and More Taxes for LGBT Workers (Full Report), at ii (June 2013) (hereinafter “Broken Bargain”), www.lgbtmap.org/file/a-broken-bargain-fullreport.pdf. 14 15 Human Rights Campaign, Corporate Equality Index, 8, 11 (2015), www.hrc.org/campaigns/corporate-equality-index. - 21 Amici invest time and resources to achieve and maintain diversity and inclusion. It is the right thing to do and it yields tangible results. A diverse, inclusive workplace environment “increases the total human energy available to the organization. People can bring far more of themselves to their jobs because they are required to suppress far less.” 16 Inclusive companies are more open to new ideas and opportunities, while less prone to overconfidence when approaching challenges. 17 Companies that are diverse and inclusive obtain better profits and other outputs, thanks to improved team collaboration and commitment. 18 By contrast, “corporate cultures that don’t encourage openness and inclusiveness leave employees feeling isolated and fearful,” and lose marketing potential in reaching out to LGBT consumers.19 Only skin deep? Re-examining the business case for diversity, DELOITTE POINT OF VIEW, 7 (Sept. 2011) (citing Frederick A. Miller & Judith H. Katz, THE INCLUSION BREAKTHROUGH (2002)), www.ced.org/pdf/Deloitte_Only_Skin_D eep.pdf. 16 17 See Feng Li & Venky Nagar, Diversity & Performance, 59 MGMT. SCI. 529, 531 (2013). CEB, Diversity & Inclusion, 3 March 2015, www.executiveboard.com/exbd/human-resources/corporateleadership-council/diversity-and-inclusion/index.page (workforces with high diversity and inclusion show marked improvement in team collaboration and commitment); see also Forbes Insights, supra n.12, at 5 (giving examples). 18 Todd Sears, et al., Thinking Outside the Closet: How Leaders Can Leverage the LGBT Talent Opportunity, OUT ON STREET, 3 (2012), www.outleadership.org/wpTHE content/uploads/2013/11/Thinking-Outside-the-Closet-VolumeOne.pdf. 19 - 22 Empirical evidence shows the business value of investments in diversity. The Williams Institute at the UCLA School of Law recently reviewed thirty-six research studies and found that working in an LGBTsupportive workplace results in “greater job commitment, improved workplace relationships, increased job satisfaction, improved health outcomes, and increased productivity” among LGBT employees. 20 A 2013 study of approximately 300 firms that adopted same-sex domestic partnership benefits between 1990 and 2006 showed an approximate ten percent average stock price increase over the sample period—a performance better than ninety-five percent of all U.S. professional mutual funds—as well as “significant improvement in operating performance relative to companies that did not adopt such policies.21 M.V. Lee Badgett, et al., The Business Impact of LGBTSupportive Workplace Policies, WILLIAMS INSTITUTE, 1 (May 2013) (hereinafter ”Williams Institute”), www.williamsinstitute. law.ucla.edu/wp-content/uploads/Business-Impact-LGBTPolicies-Full-Report-May-2013.pdf. 20 21 Li & Nagar, supra n.17, at 529, 534, 537–41 (reporting an approximate ten per cent risk-adjusted excess return as compared to companies that did not adopt same-sex domestic partnership benefits); see also Williams Institute, supra n.20, at 23 (“A … study found that the more robust a company’s LGBTfriendly policies, the better its stock performed over the course of four years (2002-2006), compared to other companies in the same industry over the same period of time.”); Janell L. Blazovich, et al., Do Gay-friendly Corporate Policies Enhance Firm Performance?, 35–36 (Apr. 29, 2013), www.westinfo.eu/files/gayfriendly1.pdf (“[F]irms with gay-friendly policies benefit on key factors of financial performance, which … increase the investor perception of the firm as proxied by stockprice movements.”). - 23 Diverse workforces also help capture new clients.22 A 2011 study found that sixty-eight local governments require that their contractors have LGBTsupportive hiring and benefits policies.23 Our corporate principles of diversity and inclusion are the right thing to do. Beyond that, however, such policies contribute to employee happiness and loyalty, greater company productivity and, ultimately, significant returns for our shareholders and owners. B. To Reap The Rewards Of Diversity, Employers Need To Be Able To Recruit And Retain Top Talent, In Part Through Equitable And Competitive Benefits Packages. In order to develop and grow a diverse organization, employers need to be able to recruit and retain the best talent.24 Amici hire and promote employees based on ability. In the long run, discrimination impairs an employer’s ability to compete for the best workforce. The market for top talent crosses state and even national boundaries. Benefits are critical to efforts to compete for top talent, as benefits directly contribute to successful recruiting and employee loy22 Forbes Insights, supra n.12, at 11. Williams Institute, supra n.20, at 21. California has similar state-wide requirements. Id. (citing CAL. PUB. CONT. CODE § 10295.3(a)(1), (e)(1)). 23 “[T]he skills needed in today’s increasingly global marketplace can only be developed through exposure to widely diverse people, cultures, ideas, and viewpoints.” Grutter v. Bollinger, 539 U.S. 306, 330 (2003), superseded on other grounds by MICH. CONST. art. I, § 26. 24 - 24 alty. 25 As of 2014, eighty-six percent of full-time American workers in private industry received medical benefits through their employer, and seventy-four percent had employer-provided retirement plans. 26 Benefit packages—especially health care and retirement benefits—can add thirty percent or more in value to an employee’s overall compensation. In a 2011 Harvard Business Review survey, sixty percent of human resources leaders stated that an attractive benefits package is “very important” in recruiting and retaining quality employees.27 In 2010, seventy-seven percent of LGBT respondents found it important to work for a company with a written nondiscrimination policy that covers sexual orientation, and eighty percent said it was important for their employer to offer equal health insurance benefits to 25 MetLife, Insights from MetLife’s 12th Annual U.S. Employee Benefit Trends Study, 2, 9 (2014), www.benefittrends.metlife.com/assets/downloads/benefitsbreakthrough-summaries-2014.pdf (50% of employees felt benefits were an important reason for remaining with the company). U.S. Bureau of Labor Statistics, Employee Benefits in the U.S. (July 25, 2014), www.bls.gov/news.release/ebs2.nr0.htm. 26 27 Paula Andruss, How to Attract—And Retain—Staff When You Can’t Pay Big Bucks, ENTREPRENEUR MAG. (June 27, 2012) (compared with 38% who believed only high base salary was “very important”), www.entrepreneur.com/articl e/223516; Max Messmer, Four Keys to Improved Staff Retention, STRATEGIC FIN., 13 (Oct. 2006), www.imanet.org/PDF s/Public/SF/2006_10/10careers.pdf (“A 2005 [Zogby International ] survey … revealed that 58% of employees polled would prefer a job with excellent benefits over one with a higher salary.”). - 25 all employees.28 Through such policies and benefits, employers foster positive employer-employee relationships and enhance their ability to retain satisfied and engaged workers, who in turn are more productive and perform better than their less-satisfied colleagues.29 Amici understand the need to offer workplace benefits equitably, particularly to a diverse workforce, because employees who are treated differently are more likely to leave as a result of perceived discrimination. These departures “result[] in avoidable turnover-related costs at the expense of a company’s profits.” 30 In 2007, a national survey of people who had quit or been laid off since 2002 reported that “[g]ay and lesbian professionals and managers said workplace unfairness was the only reason they left their employer almost twice as often as heterosexual 28 Out & Equal, Majority of Americans Believe Gay & Lesbian Couples in Committed Relationships Should Receive Equal Workplace Benefits as Heterosexual Married Couples (Oct. 4, 2010), www.harrisinteractive.com/NewsRoom/PressReleases/ tabid/446/ctl/ReadCustom%20Default/mid/1506/ArticleId/577/De fault.aspx. MetLife, supra n.25, at 12―13; see generally Andruss, supra n.27; Messmer, supra n.27; C. Matthew Schulz, Recruiting & retaining the best & brightest talent, L.A. DAILY J. (Dec. 26, 2013). 29 Sophia Kerby & Crosby Burns, The Top 10 Economic Facts of Diversity in the Workplace, CTR. FOR AM. PROGRESS (July 12, 2012), www.americanprogress.org/issues/labor/news/20 12/07/12/11900/the-top-10-economic-facts-of-diversity-in-theworkplace; see also Blazovich, supra n.21, at 8–9. 30 - 26 Caucasian men.”31 Of those gay and lesbian professionals who left, “almost half … said that if their employer offered more or better benefits they would have very likely stayed at their job.”32 LGBT equality also matters to heterosexual employees. In a 2010 poll, sixty-six percent of non-LGBT respondents found it important that an employer offer equal health insurance benefits to LGBT coworkers.33 States that refuse to allow or recognize same-sex marriages require businesses that regularly deal with state marital benefits (like amici) to single out col31 Level Playing Field Inst., The Corporate Leavers Survey: The Cost of Employee Turnover Due Solely to Unfairness in the Workplace, 4 (2007), www.lpfi.org/sites/default/files/corpor ate-leavers-survey.pdf. Id. at 1; see also Williams Institute, supra n.20, at 17 (“[R]espondents who perceived more workplace discrimination reported significantly lower levels of job commitment and significantly higher levels of turnover intentions. [Other studies] found a similar relationship between discrimination and job commitment or turnover intentions.”); Belle R. Ragins, et al., Making the Invisible Visible: Fear and Disclosure of Sexual Orientation at Work, 92 J. APPLIED PSYCHOL. 1103, 1114 (2007) (study showing that LGBT employees who feared negative consequences to disclosure of their sexual orientation reported greater turnover intentions and less organizational commitment); Scott B. Button, Organizational Efforts to Affirm Sexual Diversity: A Cross-Level Examination, 86 J. APPLIED PSYCHOL. 17, 23 (2001) (“[R]esults demonstrated that treatment discrimination toward sexual minorities was associated negatively with the job satisfaction … and organizational commitment … of lesbian and gay employees.”). 32 33 Out & Equal, supra n.28. - 27 leagues with same-sex partners or registered domestic partnerships for separate and unequal treatment, as compared to employees with different-sex partners. These state mandates upset our business philosophy and prevent employers like amici from reaching their full economic potential by discouraging highly-qualified employees from living and working in all of the jurisdictions where we do, or want to do, business. 1. Employees in same-sex relationships receive varying, if any, access to the rights, benefits, and privileges that different-sex couples enjoy. Marriage equality is a reality in most of the United States right now. After Windsor, the federal government now recognizes all couples “whom the State, by its marriage laws, sought to protect in personhood and dignity” as married.34 In the absence of a controlling statute to the contrary, the federal government respects same-sex couples as lawfully married if their marriages were performed in a state that legally authorizes such marriages.35 34 Windsor, 133 S. Ct. at 2696. Spousal eligibility for veteran’s benefits and Social Security benefits turns on marital status under the laws of a couple’s state of residence rather than the laws of the state in which their marriage was celebrated. See 38 U.S.C. § 103(c); 42 U.S.C. § 416(h)(1)(A)(i). Same-sex couples whose lawful marriages are not recognized by the state in which they live are thus ineligible for such benefits. These provisions are currently the subject of litigation. See Murphy v. Colvin, No. 1:14-cv-01764 (D.D.C. Oct. 22, 2014) (stayed) (challenging social security eligibility provi35 - 28 While “marriage is more than a routine classification for purposes of certain statutory benefits,”36 as a legal status, marriage touches numerous aspects of life, both practical and profound.37 Federal and state law provide the working family many benefits and protections relating to health care, dependent care, protected leave, and retirement. These laws provide security and support to an employee grappling with sickness, disability, childcare, family crises, or retirement—allowing the employee to devote more focus and attention to his or her work. Those states that still prohibit same-sex marriage deny gay and lesbian employees in committed relationships equal access to government-afforded rights and benefits. This can result in same-sex couples being denied spousal rights most Americans take for granted, including adoption and parental rights, as well as the right to make medical decisions for an incapacitated spouse, access to health insurance and retirement benefits, property protections, and inher- sions); Taylor v. Brasuell, No. 1:14-cv-00273 (D. Idaho July 7, 2014) (challenging veteran’s benefits eligibility provision). 36 Windsor, 133 S. Ct. at 2692. 37 Kitchen, 755 F.3d at 1215 (statutes restricting marriage between same-sex couples “‘bring[] financial harm to children of same-sex couples … [,] raise[] the cost of health care for families by taxing health benefits provided by employers to their workers’ same-sex spouses’ and ‘den[y] or reduce[] benefits allowed to families upon the loss of a spouse and parent, benefits that are an integral part of family security’”) (quoting Windsor, 133 S. Ct. at 2695). - 29 itance.38 In Alabama, for example, a same-sex spouse (even if legally married in other parts of the country) cannot adopt his or her spouse’s children—unless the birth parent relinquishes all parental rights to his or her child before the adoption occurs.39 In addition to basic state benefits appurtenant to marriage, state bans on same-sex marriage also prevent same-sex couples from receiving myriad federal benefits, such as those relating to health insurance, military benefits, taxes, and immigration law.40 The U.S. Department of Justice, for example, has announced that same-sex married couples will receive equal federal death benefits and educational payments for federal public safety officers, equal victim compensation payments, equal treatment in bankruptcy cases, equal rights for inmates in federal prison, and equal access to the marital privilege in federal court.41 Evan Wolfson, Protections Denied to Same-sex Couples & Their Kids, FREEDOM TO MARRY, www.freedomtomarry.org/page s/from-why-marriage-matters-appendix-b-by-evan-wolfson. 38 39 See, e.g., In re Adoption of K.R.S., 109 So. 3d 176, 177 n.1 (Ala. Civ. App. 2012). See Hon. Eric H. Holder, Jr., U.S. Att’y Gen., Remarks at the Human Rights Campaign Greater N.Y. Gala (Feb. 10, 2014), www.justice.gov/iso/opa/ag/speeches/2014/ag-speech140210.html (discussing the extension of certain benefits to federal employees in same-sex marriages and their families). 40 Id.; see also Matt Apuzzo, More Federal Privileges to Ex8, tend to Same-Sex Couples, N.Y. TIMES (Feb. 2014), www.nytimes.com/2014/02/09/us/more-federal-privilegesto-extend-to-same-sex-couples.html. 41 - 30 Same-sex couples living in a non-recognition state must wed elsewhere in order to access federal benefits. 42 Even then, those same couples—and legally married same-sex couples who later move to one of those states (other than Missouri43)—will still be denied access to the wide range of state benefits, mutual responsibilities, and parental rights available to married partners of different sexes. That bar not only works to the detriment of employees, but also to employers that seek to recruit and retain the best human capital. 2. Marriage discrimination drives talented individuals away from jurisdictions in which amici do business. LGBT-friendly policies offer tangible advantages in employee recruitment and retention. 44 Given the powerful evidence above, amici can only conclude that they are distinctly disadvantaged when looking to hire qualified, talented personnel in the states that do not allow same-sex couples to marry, or in asking current personnel to relocate to such states. 45 Job 42 The U.S. Government Accountability Office identified 1,138 rights, benefits, and privileges under federal law dependent on marital status. U.S. Gen. Accounting Office, GAO-04353R, Defense of Marriage Act: Update to Prior Report (Jan. 23, 2004), www.gao.gov/assets/100/92441.pdf. 43 See supra n.8. 44 Blazovich, supra n.21, at 7–8. In a 2014 poll, seventy-three percent of gay and lesbian respondents said they would prefer a job with an employer in a state where same-sex marriages are recognized and forty-two percent said they would consider changing jobs if their employer 45 - 31 candidates married to same-sex spouses may be understandably reluctant to pursue job opportunities in states where their pre-existing marriages will not be recognized, and where they can expect to lose access to certain previously-enjoyed state-level benefits. 46 Single gays and lesbians may decide that the option of a future legally-recognized marriage is enough to justify passing up employment opportunities in states with laws hostile to same-sex marriage. Heterosexual individuals, too, may decide that states hostile to marriage equality are not states where they want to live and work.47 Richard Florida, a leading urban studies theorist, states that “memrequired them to transfer to a state where same sex marriages were not recognized. See Most Americans Say Employers Should Never Discriminate, Even on Religious Grounds, According to Latest Harris/Out & Equal Poll, OUT & EQUAL (Oct. 30, 2014), www.harrisinteractive.com/NewsRoom/HarrisPolls/tabid/447/ctl/ ReadCustom%20Default/mid/1508/ArticleId/1514/Default.aspx. Moving to a state that does not recognize same-sex marriages may even imperil preexisting parental rights over the children of same-sex couples. See, e.g., In re Seb C-M, NYLJ 1202640527093, at *1, 4 (N.Y. Surr. Ct. Jan. 6, 2014) (redacted by court) (denying adoption application of same-sex spouse because the non-birth mother already appeared on her child’s birth certificate, but acknowledging that other jurisdictions may not, based on the birth certificate alone, recognize petitioner’s parental status). 46 47 Matt Motyl, et al., How Ideological Migration Geographically Segregates Groups, 51 J. EXPERIMENTAL SOC. PSYCHOL. 1 (2014), www.researchgate.net/publication/25492998 2_How_IdeologicalMigration_Geographically_Segregates_and_P olarizes_Groups/file/60b7d52efea63cb4b3.pdf (individuals are moving from ideologically unfriendly communities to congruent communities). - 32 bers of the creative class—roughly 50 million people including scientists engineers, and entrepreneurs, researchers and academics, architects and designers, artists, entertainers and professionals in business, media, management, healthcare and law” use diversity as a proxy for determining whether a city would provide a welcoming home.48 The Williams Institute found that “creative-class” Massachusetts residents in same-sex relationships were 2.5 times more likely to have moved there in the three years after marriage equality than in the three years before.49 Before Windsor, representatives from Goldman Sachs and Citigroup each described problems faced by companies in dealing with the then-operative immigration system that made it difficult for same-sex partners to immigrate.50 A Citigroup executive noted that the hurdles posed “significant costs for companies that ha[d] to move workers out of the U.S. or in lost productivity from dealing with an employee’s or partner’s immigration status,” while a member of Goldman Sachs’ management committee explained 48 Human Rights Campaign, 2014 Municipal Equality Index: A Nationwide Evaluation of Municipal Law, 6 (2014), www.hrc-assets.s3-website-us-east―1.amazonaws.com//files/ assets/resources/MEI-2014.pdf. Gary J. Gates, Williams Inst., UCLA School of Law, Marriage Equality & the Creative Class, 1―2, 4 (May 2009), www.williamsinstitute.law.ucla.edu/wp-content/uploads/GatesMA-Creative-Class-May-2009.pdf. 49 Michael J. Moore, Same Sex Marriage Rules Hamper Wall Street’s Recruiting, BLOOMBERG BUS. (Apr. 30, 2013), www.bloomberg.com/apps/news?pid=conewsstory&tkr=10 00L:US&sid=a.hYJ3OXi7vo. 50 - 33 that restrictions on same-sex marriage made it more difficult to attract and retain employees in same-sex relationships who have spouses without United States permanent residency.51 Similarly, a 2013 survey by the American Council on International Personnel reported that forty-two percent of responding member organizations lost potential hires because same-sex partners were at that time excluded from immigration benefits; respondents also reported that they could not complete internal transfers, even at the executive level, for the same reason.52 The same logic holds true for employee transfers and migration across states. Employees with same-sex spouses face similar costs and lost productivity when facing the prospect being hired or transferring into nonrecognition states. As more states provide access to marriage on equal terms, lesbian and gay employees are less willing to live and work in states that do not, to the detriment of their employers or would-be employers. Such consequences have been observed across the country. For example, the former Rector of The College of William and Mary’s Board of Visitors lamented the talent-retention problems caused by Virginia’s (since-overturned) marriage ban: 51 Id. 52 Out on the Street & Immigration Equality, Thinking Outside of the Closet: The Cost of LGBT Exclusion; How Discrim inatory Immigration Laws Hurt Business, 9–10 (Feb. 5, 2013), www.outleadership.org/wp-content/uploads/2013/11/ThinkingOutside-the-Closet-Volume-2.pdf. - 34 We already have lost valued gay and lesbian faculty to our competitors who do not discriminate. With changes in federal benefits soon available to legally married gay couples, we will lose more. Two able individuals told me [recently] that they are leaving for another state— one a top professor [in a sciencetechnology field] and another a university administrator just recruited to Virginia a few years ago.53 Indeed, Virginia’s governor lauded the initial federal district court decision overturning his state’s ban on same-sex marriage, noting the Commonwealth needed to ensure equality “to grow [Virginia’s] economy and attract the best businesses, entrepreneurs, and families.” 54 But the problem persists in states Nick Anderson, Outgoing rector warns Virginia on gay marriage, WASH. POST (Aug. 12, 2013), www.washingtonpost.com/lifestyle/magazine/outgoing-rectorwarns-virginia-on-gay-marriage/2013/08/12/d250d466-e95611e2-a301-ea5a8116d211_story.html; see also Marian Moser Jones, Will Same-Sex-Marriage Rulings Lead to an LGBT Brain Drain in Some States?, CHRON. HIGHER EDUC. (June 27, 2 013), (another professor has commented that “[w]hile a desire to live full time with my spouse was the main motivator in my move from a college in Virginia to one in Maryland, the antigay legal environment in Virginia did play a role in my job change”), www.chronicle.com/blogs/conversation/2013/06/27/willsame-sex-marriage-rulings-lead-to-an-lgbt-brain-drain-in-somestates/. 53 Governor Terry McAuliffe, Governor McAuliffe Statement on Bostic v. Rainey Ruling (Feb. 14, 2014), www.governor. virginia.gov/news/newsarticle?articleId=3302 (discussing 970 F. Supp. 2d 456 (E.D. Va. 2014)). 54 - 35 like Michigan, where immediately after the State eliminated domestic partnership benefits for public employees, college professors “started applying for jobs at universities with comprehensive domestic partnership benefits.”55 This evidence suggests that gay and lesbian employees may decide to leave a state hostile to samesex marriage for ones in which they can receive full federal and state benefits—whether they are single and wishing to marry, married out-of-state and desiring equal access to state and federal benefits, or simply motivated by the need for certainty in their own life planning. Likewise, facing a possible transfer into one of these states, talented individuals may choose to part ways with their employers rather than risk the detrimental effects of non-recognition on themselves and their families. Other gay and lesbian workers may seek certainty and forego employment opportunities in these states altogether. C. Marriage Discrimination Injures Amici’s Businesses. By not permitting same-sex couples to marry, states impose significant administrative burdens on businesses. Although amici can, and often do, voluntarily attempt to lessen the financial inequality placed on employees, those workarounds impose additional and unnecessary business expense, while still not fully ameliorating the differential treatment of employees. And the combined burden of administrative costs and tax consequences is significant; the 55 Broken Bargain, supra n.14, at 67. - 36 2015 estimated cost of marriage inequality to the private sector is $1.3 billion.56 1. The states’ bans impose significant burdens on our employees and our businesses. For employers, the patchwork of inconsistent state law creates significant burdens in the administration of benefits for employees whose marriages are not recognized by the state. For example, “[i]n [nonrecognition states], employers are still expected to impute income spent on benefits provided to a samesex spouse for state tax purposes, but not to do so for federal tax purposes….”57 The situation is complicated further when mobile employees live, work, file taxes, and receive benefits in multiple jurisdictions. Georgia’s tax code is a good example. Although the federal tax code now recognizes valid marriages between same-sex couples, Georgia’s Constitution states that “[n]o union between persons of the same sex shall be recognized by this state as entitled to the benefits of marriage.” 58 According to Georgia’s Department of Revenue, that means that same-sex married couples must file state tax returns separately, as single status filers or, if qualified, as head-of56 Kopansky & Cacciotti, supra n.9, at 1. Joanne Sammer & Stephen Miller, The Future of Domestic Partner Benefits: If same-sex couples can wed, should employers provide benefits to unmarried partners?, SOC’Y FOR HUM. RES. MGMT. (Oct. 21, 2013), www.shrm.org/hrdisciplines/benefit s/articles/pages/domestic-partner-benefits.aspx. 57 58 GA. CONST. art. I, § 4, para. 1(b). - 37 household status filers.59 In light of this and similar laws, employers must (i) identify from among their married employees those married to a spouse of the same sex; (ii) treat an employee with a same-sex spouse as unmarried for state tax purposes; (iii) treat the same employee as married for federal tax purposes; and (iv) monitor every such employee’s state of residence and alter the treatment of their tax liability whenever the employee moves from a non-recognition state to a recognition state or vice versa. These multiple, continual, and mandatory obligations result in significant burdens and expenses. Discriminatory state laws add another dimension of problems for businesses. Human resources departments are often the first stop for employees confused about conflicting legal rules. That means benefits administrators may be asked to give advice and make recommendations about complex legal issues. Even the well informed human resources professional faces the challenge of addressing inconsistent state laws. And a mistaken answer may lead to harsh tax and financial consequences for the employee, and further erosion of workplace morale. These concerns are more pronounced today than ever before given the mobile nature of the modern workforce. Employees often work in several states, where they must then file taxes and determine their Ga. Dep’t of Revenue, Informational Bulletin No. IT2013-10-25 U.S. Supreme Court & the Defense of Marriage Act 3 (Oct. 25, 2013), www.dor.georgia.gov/sites/dor.georgia.gov/files /related_files/document/LATP/Bulletin/DOMA_bulletin_10-252013_1.pdf. 59 - 38 eligibility for various state benefits. 60 This creates significant administrative burdens on employers who must keep up with the rapidly changing legal landscape, and then create and maintain complicated equitable policies and benefits. Companies operating nationwide, many of whom have centralized HR functions, find themselves in a complicated labyrinth of differing rules, regulations, and internal policies. These variations must often be incorporated manually into otherwise automated processes, a requirement that is both burdensome and prone to human error. The burden on small employers may be particularly onerous, as they may find it difficult to devote limited resources to navigating conflicting and changing laws, let alone to establishing workarounds. Benefits administration for an employee with a same-sex partner is more likely to occur in an ad hoc, piecemeal fashion, increasing the potential for error and disparate treatment. Establishing marriage equality nationwide would result in benefits and tax treatment that can be more efficiently and equitably administered. In an attempt to alleviate the disparities and frustrations of discriminatory benefit systems and other benefits-related matters, some employers have determined that it is in their business interests to incur the cost and administrative burden of “workarounds.” These employer-created benefits structures attempt to compensate for the lack of recognized relationship See, e.g., RICHARD FLORIDA, THE RISE OF THE CREATIVE CLASS—REVISITED 262 (2d ed. 2012) (“[S]kills and skilled people are an incredibly mobile factor of production; they flow.”). 60 - 39 status for employees who cannot marry under state law, and to provide benefits for those whose marriages are recognized at the federal, but not the state, level. To take one common example, workers in a nonrecognition state with a same-sex spouse or partner are typically taxed on the value of health-care benefits for their spouses/partners, whereas employees with different-sex spouses are not so taxed. Many employers will attempt to address such taxability differences by increasing (or “grossing up”) pay for workers with same-sex spouses/partners. 61 While grossing up and other workarounds offer many employers a way to reduce the competitive disadvantage of doing business in states that ban same-sex marriage, they also increase costs on the employer beyond the direct cost of benefits.62 The U.S. Office of Personnel Management noted that the grossing-up approach “raises costs considerably …. Under a grossing up policy, a $1,000 net cash Broken Bargain, supra n.14, at 72–93; Human Rights Campaign, Domestic Partner Benefits: Grossing Up to Offset Imputed Income Tax, www.hrc.org/resources/entry/ domestic-partner-benefits-grossing-up-to-offset-imputed-incometax; Tara Siegel Bernard, A Progress Report on Gay Employee Health Benefits, N.Y. TIMES (updated Mar. 4, 2013), www.bucks.blogs.nytimes.com/2010/12/14/a-progress-report-ongay-employee-health-benefits/. 61 U.S. Office of Personnel Mgmt., Grossing Up Awards, Why & Why Not, www.opm.gov/policy-dataoversight/performance-management/performance-managementcycle/rewarding/grossing-up-awards/. 62 - 40 award would actually cost the agency $1,713.80.” 63 It is estimated that grossing up for an employee who incurred between $1,200 and $1,500 in extra taxes costs the employer between $2,000 and $2,500.64 In other words, employers with a grossing up policy pay more to provide equivalent benefits. Grossing up is a complicated process for employers, requiring careful consideration of such things as appropriate tax rates, coverage for dependents or a partner’s children, and the impact of marital status.65 After the Windsor decision, state-level tax decisions regarding individuals with same-sex spouses now “affect not only gross-up calculations for these employees, but also the taxability for state purposes of benefits made available to spouses of employees married to a person of the same sex.” 66 In addition, worka63 Id. 64 Bernard, supra n.61. 65 For an overview of the complexities of grossing-up, see, e.g., Todd A. Solomon & Brian J. Tiemann, Issues to Consider in Providing a Tax Gross-Up for Employers Covering Same-Sex Spouses and Partners under the Employer’s Medical, Dental, and Vision Plans, 4 (No. 2) BLOOMBERG L. REPORTS— EMPLOYEE BENEFITS (2011), www.mwe.com/info/pubs/solomon_t iemann_tax_gross-up_for_employees.pdf; see also Todd A. Solomon & Brett R. Johnson, Walking Employers Through the Regulatory Maze Surrounding Same-Sex Domestic Partner Benefits, PROBATE & PROPERTY 14 (Mar./Apr. 2012), www.americanbar.org/content/dam/aba/publications/probate_pro perty_magazine/v26/02/2012_aba_rpte_pp_v26_2_mar_apr_solo mon_johnson.authcheckdam.pdf. Peter K. Scott, State Positions on Same-Sex Married Couple Filing Status Will Affect Employers, Worldwide ERC (Feb. 3, 2014), www.worldwideerc.org/Blogs/MobilityLaw 66 - 41 rounds can raise concerns about complexity in providing and administering domestic partner benefits, and potential legal liabilities.67 In short, workarounds themselves cause administrative burden, sometimes requiring employers with grossing up policies to retain experts to craft policies and structure systems that will account for gross-up amounts, as well as to educate human resources, benefits, and payroll administrators. And these workarounds may also attract attention from regulators or cause tension with certain employees, shareholders, or investors due to the administrative burdens and increased costs. Amici and other employers incur a real cost to account for and respond to unequal access to marriage across the United States, a cost to the American private sector estimated at $3.5 million per day. 68 Granting same-sex couples equal access to marriage would remove significant financial and regulatory burdens currently imposed on American employers. 2. State bans undermine our corporate cultures. The denial of marriage rights to same-sex couples in non-recognition states goes against our core values Blog/Lists/Posts/Post.aspx?List=c020aee5%2D48ad%2D47b2%2 D8295%2Da4cf71ba9e34&ID=192. See Li & Nagar, supra n.17, at 531 (discussing some of the challenges an employer could face in maintaining a samesex domestic partnership benefit policy). 67 68 Kopansky & Cacciotti, supra n.9, at 2. - 42 and principles. As employers, we recognize the value of diversity, and we want the jurisdictions where we operate to recognize the need to enable all married persons to “live with pride in themselves and their union[s],” 69 and to honor the “personal dignity and autonomy” of all of our employees.70 We develop and implement non-discrimination policies not only because they are the right thing to do, but also because these policies are crucial to our ability to recruit and retain excellent employees. The ability to hire the best human capital helps amici create teams and corporate cultures that allow us to create and innovate, and ultimately increase our profits and economic value. Marriage bans conscript employers, as the administrators of benefits, to implement laws that treat employees in committed samesex relationships differently from employees married to different-sex spouses. The need to accommodate state laws hostile to same-sex marriage prevents employers from treating similarly situated employees identically, our stated policies notwithstanding. Our employees are our most valuable assets—and yet the law treats many of them as second-class citizens. The reality is that even “small differences in how people are treated … convey strong messages about the[ir] perceived relative value.”71 69 Windsor, 133 S. Ct at 2689. Kitchen, 755 F.3d at 1218 (quoting Lawrence v. Texas, 539 U.S. 558, 574 (2003)). 70 71 Sears, et al., supra n.19, at 6. - 43 An organization’s policies toward its employees, whether an inclusive healthcare policy or a discriminatory promotion and hiring policy, send latent signals to the entire organization regarding permissible biological and behavioral attributes. Such signals may then impact all employees, affecting their comfort, their unconscious projections of identity and gender in critical interpersonal meetings.72 The end result is employee uncertainty, low morale, decreased productivity, and increased costs. Diversity provides many benefits, but must be well-managed within each organization.73 In 2011, an interview study presented substantial anecdotal evidence that perceptions of inequality in a workforce can lead to high turnover, loss of talented employees, litigation, and bad publicity.74 Even if we take on the burden of developing workarounds to ameliorate disparate state treatment, we are still placed in the role 72 Li & Nagar, supra n.17, at 543 (internal citations omitted) (emphasis in original). U.K. Gov’t Equalities Office, Dep’t for Bus. Innovation & Skills, The Business Case for Equality and Diversity: A survey of the academic literature, BIS OCCASIONAL PAPER No. 4, vi, 27, 28 (Jan. 2013), www.gov.uk/government/uploads/system/uploads/at tachment_data/file/49638/the_business_case_for_equality_and_ diversity.pdf. 73 Id. at 7 (citing Mustafa F. Ozbilgin & Ahu Tatli, Mapping out the field of equality and diversity: rise of individualism and voluntarism, 64 HUM. RELATIONS 1229–53 (2011)). 74 - 44 of intrusive inquisitor, imputer of taxable income, and administrator of legally-mandated separate and unequal systems. For employees who report themselves as married, we must determine the sex of their spouse and judge whether that marriage is recognized for state law purposes where the employee lives and works. That the law requires us to even ask such questions emphasizes that those employees are in the “unstable position of being in a second-tier marriage.” 75 Such judgments may unintentionally reinforce the State’s message that these employees and their relationships are not “worthy of dignity in the community equal with all other marriages.”76 As a result, we are hampered in our ability to make our businesses as diverse and inclusive as possible, despite our stated policies and our recognized business case. We become, in short, party to our employees’ injury—and our own. CONCLUSION Employees with partners of the same sex should be permitted to marry if they so choose, and then should be treated identically to their married heterosexual counterparts. State laws that require otherwise impose a significant burden on us and harm our ability to attract and retain the best employees. Such laws force businesses to uphold discriminatory laws that run counter to important corporate values. In the end, economic growth suffers. 75 Windsor, 133 S. Ct. at 2694. 76 Id. at 2692. - 45 The decision before the Court perpetuates that harm, and amici respectfully urge that the judgment of the Court of Appeals be reversed. Respectfully submitted, SUSAN BAKER MANNING Counsel of Record MICHAEL L. WHITLOCK AMANDA D. SMITH JOHN A. POLITO JAWAD MUADDI RACHEL L. STRONG CAROL E. HEAD KIMBERLEY E. LUNETTA STEPHANIE SCHUSTER SARA M. CARIAN JACQUELYNNE M. HAMILTON MORGAN, LEWIS & BOCKIUS LLP 2020 K Street N.W. Washington, D.C. 20006 (202) 373-6000 susan.manning@morganlewis.com MEGHAN RHEA WG+R LAW GROUP, P.C. 2233 Santa Clara Avenue Alameda, California 94501 (510) 323-4034 March 5, 2015 APPENDIX A: IDENTIFICATION OF AMICI A. L. Nella & Company, LLP, CPAs is an accounting firm based in San Francisco, California. A.T. Kearney is a leading global management consulting firm with offices in more than 40 countries. Since 1926, we have been trusted advisors to the world’s foremost organizations. A.T. Kearney is a partner-owned firm, committed to helping clients achieve immediate impact and growing advantage on their most mission critical issues. Aardema Whitelaw, PLLC is a full-service insurance defense law firm with a prime focus on defending physicians, hospitals, and allied health professionals in complex medical malpractice litigation throughout the state of Michigan. Acacia Home LLC is a modern home goods store in San Francisco, CA that focuses on independent designers and select smaller brands. Accenture is a global management consulting, technology services and outsourcing company, with more than 319,000 people serving clients in more than 120 countries. Combining experience, comprehensive capabilities across all industries and business functions, and extensive research on the world’s most successful companies, Accenture collaborates with clients to help them become high-performance businesses and governments. Aetna Inc. is one of the nation’s leading diversified health care benefits companies offering a broad range - App 2 of traditional, voluntary and consumer-directed health insurance products and related services to approximately 37.3 million people. Aetna is a publicly traded corporation based in Hartford, Connecticut with over 35,000 employees across the U.S. and worldwide. Air Products and Chemicals, Inc., headquartered in Allentown, Pennsylvania, and employing over 20,000 employees in 50 countries, is a leading industrial gases company which provides atmospheric, process and specialty gases, and related equipment to manufacturing markets including metals, food and beverage, refining and petrochemical, and natural gas liquefaction. Air Products’ materials technologies segment serves the semiconductor, polyurethanes, cleaning and coatings, and adhesives industries. AJ Leo Electric and Solar is an electrical and solar business located in Michigan. Akamai Technologies, Inc. is an Internet content delivery network headquartered in Cambridge, Massachusetts. Akamai employees 5,000 people worldwide. Alaska Airlines, together with its partner regional airlines, serves 95 cities through an expansive network in Alaska, the Lower 48, Hawaii, Canada and Mexico. Alcoa Inc. is a global leader in lightweight metals engineering and manufacturing. Alcoa pioneered the aluminum industry over 125 years ago, and today, our approximately 60,000 people in 30 countries de- - App 3 liver value-add products made of titanium, nickel and aluminum, and produce best-in-class bauxite, alumina and primary aluminum products. Amazon Services Inc. is a commercial printing company, established in 1987, and is currently certified as a woman-owned, SBE/MBE minority company. Amazon Printers serves elite accounts in marketing, procurement and commercial accounts in the US, Caribbean and South America, creating award winning pieces and custom made items. Amazon.com, Inc., based in Seattle, Washington, is one of the world’s largest and best known online retailers. Amazon seeks to be the Earth’s most customer-centric company, where customers can discover anything they might want to buy online at the lowest possible prices. American Airlines Group Inc. is the holding company for American Airlines and US Airways. Together with wholly owned and third-party regional carriers operating as American Eagle and US Airways Express, the airlines operate an average of nearly 6,700 flights per day to 339 destinations in 54 countries from its hubs in Charlotte, Chicago, Dallas/Fort Worth, Los Angeles, Miami, New York, Philadelphia, Phoenix and Washington, D.C. American Apparel is a leading basics brand for young adults and people of all ages, with both wholesale and retail divisions globally. Knitting, dyeing, sewing, photography, marketing, distribution, and design all happen in our Los Angeles facilities. - App 4 American Express Company is a global services company, providing customers with access to products, insights and experiences that enrich lives and build business success. American International Group, Inc. (AIG) is a leading international insurance organization headquartered in New York City serving customers in more than 130 countries and jurisdictions. AIG companies serve commercial, institutional, and individual customers with property-casualty, life insurance and retirement services. Aparicio-Mercado Law, L.C. is a Los Angeles, California law firm that handles discrimination and wage and hour issues. Apple Inc. is a multinational consumer electronics and software company based in Cupertino, California. Apple employs over 90,000 people across the U.S. and worldwide. AppNexus Inc. is a technology company that provides trading solutions and powers marketplaces for Internet advertising. Headquartered in New York City with 22 global offices, AppNexus employs more than 800 professionals. Aramark, headquartered in Philadelphia, Pennsylvania, is a global leader in food, facilities management and uniforms with 270,000 employees in 22 countries. Arbor Brewing Company, LLC is a privately owned brewpub and microbrewery in Michigan that - App 5 employees 100 people and distributes its beer in three states. Arnold & Porter LLP is an international law firm that employs over 800 lawyers with U.S. offices in Washington, D.C., California, New York, Colorado, and Texas. Aspen Skiing Company owns and operates four ski mountains, two hotels and 18 restaurants in the Aspen and Snowmass areas of Colorado, and employs 3,400 people in winter. Assemble Sound LLC, headquartered in Detroit, Michigan, is an artist-driven initiative to more effectively connect Detroit musicians to each other and our work to the broader music-loving world. AT&T Inc. helps millions of people and businesses around the globe stay connected through leading wireless, high-speed Internet, voice and cloud-based services. AT&T helps people mobilize their worlds with state-of-the-art communications, entertainment and video services, and amazing innovations like connected cars and devices for homes, offices and points in between. Atlas Cut Stone, headquartered in Oak Park, Michigan and founded in 1935, specializes in natural stone products for creative concepts, design and localization. Atlas works with homeowners, builders, and highly specialized architectural firms. - App 6 Atticus Circle is a non-profit organization comprised of straight allies standing up for equal rights for LGBT citizens and their families. The Austin Gay & Lesbian Chamber of Commerce’s mission is to cultivate, promote and empower the economic well-being of the LGBT business community and their allies through collaboration, education and community development. Avanade Inc. helps customers realize results in a digital world through business technology solutions, cloud and managed services. Avanade, which is majority owned by Accenture, was founded in 2000 by Accenture LLP and Microsoft Corporation and has 23,000 professionals in more than 20 countries. Bain & Company, Inc. is a leading global strategy consulting firm, headquartered in Boston, Massachusetts, with over 5,500 staff based in 50 offices around the world. Bakehouse Art Complex, located in Miami, Florida, provides affordable studio spaces, exhibition opportunities, educational and artist advancement programming, and common work spaces for emerging and mid-career artists. Baker & McKenzie LLP is a global law firm of 4,200 lawyers in 47 countries, including offices in New York and California. Bank of America is one of the world’s largest financial institutions, serving individual consumers, smalland middle-market businesses, institutional inves- - App 7 tors, large corporations and governments with a full range of banking, investing, asset management and other financial and risk management products and services. Bank of America employs more than 223,000 people worldwide operating in all 50 states, the District of Columbia, Puerto Rico, the U.S. Virgin Islands and over 35 countries. The Bank of New York Mellon Corporation (BNY Mellon), headquartered in New York, is a leading provider of investment management and investment services. Barclays is an international financial services provider engaged in personal banking, credit cards, corporate and investment banking and wealth management with an extensive presence in Europe, the Americas, Africa and Asia. With over 300 years of history and expertise in banking, Barclays operates in over 50 countries and employs approximately 140,000 people. Barclays moves, lends, invests and protects money for customers and clients worldwide. Barnes & Noble, Inc. is a leading retailer of content, digital media and educational products. The Company operates 649 Barnes & Noble bookstores in 50 states, and one of the Web’s largest e-commerce sites. Its NOOK digital business offers awardwinning NOOK® products and an expansive collection of digital reading and entertainment content through the NOOK Store®, while Barnes & Noble College Booksellers, LLC operates 714 bookstores serving over five million students and faculty members at colleges and universities across the United States. - App 8 bebe stores, inc. is a global specialty retailer, which designs, develops and produces a distinctive line of contemporary women’s apparel and accessories under the bebe and BEBE SPORT brand names. bebe currently operates 168 bebe retail stores including the on-line store bebe.com, and 35 bebe outlet stores in the United States. Additionally bebe distributes bebe branded product through its licensees in approximately 23 countries. BD (Becton, Dickinson and Company) is a medical technology company that serves healthcare institutions, life science researchers, clinical laboratories, industry and the general public. BD manufactures and sells a broad range of medical supplies, devices, laboratory equipment and diagnostic products. BD is headquartered in the United States and has more than 30,000 associates in 50 countries worldwide. Belcampo Inc. was founded in 2011. Our companies include Belcampo Farms where we humanely raise our organic meat, our humane certified processing facility Belcampo Butchery and Belcampo Meat Co. which runs our Butcher Shops and Restaurants with six locations in California. Ben & Jerry’s is a leading manufacturer of super premium ice cream, yogurt and sorbet distributed in supermarkets, grocery stores, and Ben & Jerry’s Scoop Shops in more than 35 countries around the world. Big Duck Studio, Inc. is a New York communications firm that works exclusively with nonprofits to - App 9 help reach supporters, build awareness, and raise money. Bigelow Villa LLC dba The Lobby Bar is located on Capitol Hill in Seattle, Washington. We are a cocktail lounge that caters to the diverse Seattle community. Billy’s Farm is an organic Christmas tree farm located in Wilton, California. BlackRock, Inc. is a leader in investment management, risk management and advisory services for institutional and retail clients worldwide. Headquartered in New York City, as of December 31, 2014, the firm had approximately 12,200 employees in more than 30 countries and a major presence in key global markets, including North and South America, Europe, Asia, Australia and the Middle East and Africa. Bloomberg L.P. is a global business and financial information and news leader. Bloomberg provides real time financial information to more than 320,000 subscribers globally. Headquartered in New York, Bloomberg employs more than 15,500 people in 192 locations around the world. Blue Apron, Inc. makes home cooking accessible by delivering original recipes and farm-fresh ingredients to customers nationwide. Headquartered in New York City, the company delivers over 1,000,000 meals per month, and employs more than 1,100 people. Blue Heron Ventures is an angel investment fund and Japanese trading company based in California. - App 10 Blue Moon Hotel / Winter Haven Hotel are two South Beach Miami hotels that are part of Hersha Hospitality Management. Blume, Faulkner & Skeen, PLLC provides legal services for all aspects of a business through mediation, litigation, or arbitration and also represents individuals and families at critical crossroads in life. Boehringer Ingelheim Pharmaceuticals, Inc., based in Ridgefield, Connecticut, is the largest U.S. subsidiary of Boehringer Ingelheim Corporation and a member of the Boehringer Ingelheim group of companies. The Boehringer Ingelheim group is one of the world’s 20 leading pharmaceutical companies. Headquartered in Ingelheim, Germany, it operates globally with 142 affiliates and more than 47,400 employees. Boston Community Capital, Inc. is a Boston, Massachusetts based community development financial institution that invests in affordable housing projects, and job creation in low-income communities. The Boston Consulting Group (BCG) is a global management consulting firm and a leading advisor on business strategy. The Boston Foundation is a corporation located in Boston, Massachusetts that is one of the oldest and largest community foundations in the nation. The Foundation is a partner in philanthropy with some 1,000 separate charitable funds established by donors, either for the general benefit of the community or for special purposes. - App 11 Boston Medical Center Corporation is a private, not-for-profit, 482-bed academic medical center located in Boston, Massachusetts, and is the largest provider of trauma and emergency services in New England. Boston Scientific Corporation transforms lives through innovative medical solutions that improve the health of patients worldwide. The company, which has approximately 24,000 employees, is headquartered in Massachusetts and has operations in multiple locations around the world. Brady Mills LLC, headquartered in Nashville, Tennessee, is a website development and online marketing company providing services to a variety of industries throughout the United States and abroad. BrandQuery LLC is a branding, advertising and marketing agency specializing in brand enhancement. Our work is guided by client input, their existing brand(s), and research. Bristol-Myers Squibb Company is a global pharmaceutical company whose mission is to discover, develop and deliver innovative medicines that help patients prevail over serious diseases. Broadcom Corporation is a global leader and innovator in semiconductor solutions for wired and wireless communications. Broadcom is headquartered in Irvine, California with over 11,000 employees across the U.S. and worldwide. - App 12 Brocade networking solutions helps organizations transition to a world where applications and information reside anywhere. With headquarters in San Jose, California and approximately 4,000 employees worldwide, Brocade serves a wide range of industries and customers in more than 160 countries. Cablevision Systems Corporation is one of the largest cable operators in the United States, providing digital cable television, high speed data and telephone services to approximately 3 million customers in the New York metropolitan area. Through its local media and programming properties – News 12 Networks, Newsday Media Group and MSG Varsity – Cablevision also delivers news and information created specifically for the communities it serves. Capital One Financial Corporation is one of the top 10 banks in the country serving retail, small business and commercial clients through a variety of traditional and digital channels. Capital One has banking locations across New York, New Jersey, Louisiana, Texas, Virginia, Maryland and the District of Columbia. Captain Wendell’s Marine Services LLC is a full service boat captain resource for boating education, on the water instruction, and marine surveyor consultation for recreational boaters in the Puget Sound region. Cardinal Health, Inc., headquartered in Dublin, Ohio, is a health care services company that improves the cost-effectiveness of health care. As the business behind health care, Cardinal Health helps pharma- - App 13 cies, hospitals, ambulatory surgery centers, clinical laboratories and physician offices focus on patient care while reducing costs, enhancing efficiency and improving quality. Cardinal Health employs 34,000 people worldwide. Care Resource provides HIV/AIDS research, prevention, care and treatment services to individuals in Florida’s Miami-Dade and Broward Counties. CBS Corporation’s operations span the media and entertainment industries and include a major television network (CBS), television content production and distribution, interactive businesses, motion pictures, cable program services (including Showtime), publishing (Simon & Schuster), television stations and radio stations. CBS Corporation is headquartered in New York City with approximately 17,300 salaried employees (as of 12/31/14) across the United States and worldwide. CEB, a leading member-based advisory company, equips more than 10,000 organizations around the globe with insights, tools and actionable solutions to transform enterprise performance. Central Physical Therapy & Fitness, PSC is an outpatient physical therapy clinic in Seattle, Washington, providing individualized physical therapy care and personal fitness training. CGI, founded in 1976, is the fifth largest independent information technology and business process services firm in the world. Approximately 68,000 professionals serve thousands of global clients from offices and de- - App 14 livery centers across the Americas, Europe and Asia Pacific, leveraging a comprehensive portfolio of services including high-end business and IT consulting, systems integration, application development and maintenance, infrastructure management as well as a wide range of proprietary solutions. Charlotte Business Guild’s mission is to integrate business development, social action and leadership, and to facilitate economic proliferation for the lesbian, gay, bisexual and transgender (LGBT) community and those who support equality for all. Together, we will achieve this mission by increasing visibility through professional networking and marketing, maintaining operational sustainability, and strategic training. The Chubb Corporation is the holding company for the property and casualty insurance companies referred to as the Chubb Group of Insurance Companies, which since 1882 have provided property and casualty insurance to customers around the globe. Headquartered in Warren, New Jersey, Chubb employees 10,200 employees worldwide. CIGNA Corporation is a global health service company dedicated to helping people improve their health, well-being and sense of security. All products and services are provided exclusively by or through operating subsidiaries of Cigna Corporation, including Connecticut General Life Insurance Company, Cigna Health and Life Insurance Company, Life Insurance Company of North America and Cigna Life Insurance Company of New York. Such products and services include an integrated suite of health ser- - App 15 vices, such as medical, dental, behavioral health, pharmacy, vision, supplemental benefits, and other related products including group life, accident and disability insurance. Cigna maintains sales capability in 30 countries and jurisdictions, and has more than 86 million customer relationships throughout the world. Cisco Systems, Inc. is a multinational networking equipment and technology company headquartered in San Jose, California. Cisco has over 70,000 employees across the United States and worldwide. Citigroup Inc., a leading global bank, provides consumers, corporations, governments and institutions with a broad range of financial products and services. Headquartered in New York, Citi has over 240,000 employees worldwide and does business in more than 160 countries and jurisdictions. City Catering Company is a full-service Seattle, Washington caterer providing innovative food, beverage, decor and service. City Lites Neon, Inc. is an electrical sign company in Seattle, Washington, servicing, fabricating and installing all types of electrical signs. The City of Ann Arbor, Michigan is located in Southeastern Michigan. Founded as a town in 1824, Ann Arbor is the county seat for Washtenaw County and now has a population of 113,934. Civitas Public Affairs Group delivers winning advocacy and public affairs campaigns for its clients - App 16 and the people they serve. Civitas works with leaders from across the political spectrum to forge bold bipartisan and cutting-edge campaigns that address critical societal challenges. Clean Yield Asset Management is an SECregistered investment advisor serving social investors. CloudFlare, Inc. offers advanced web security, distributed denial of service attack mitigation, and content delivery solutions. CloudFlare is a community of over 2 million websites. CMIT Solutions of Seattle Downtown offers information technology consulting and services to small and medium sized businesses in the Seattle area. The Coca-Cola Company, headquartered in Atlanta, is one of the world’s largest beverage companies, refreshing consumers with more than 500 sparkling and still brands. Together with its bottling partners, it ranks among the world’s top 10 private employers with more than 700,000 system associates. Cohen & Associates is a professional development organization committed to leading the market in the delivery of effective, results-based training programs and learning materials to help our clients maximize their full human resource potential. Colgate-Palmolive Company is a global consumer products company which manufactures and distributes oral, personal, and home care and pet nutrition - App 17 products to consumers in over 200 different countries around the world. Columbia FunMap, Inc. publishes maps and travel guides targeting gay and lesbian travelers throughout the U.S. and Canada. Comcast Corporation is a global media and technology company with two primary businesses, Comcast Cable and NBCUniversal. Comcast Cable is the nation's largest video, high-speed Internet and phone provider to residential customers under the XFINITY brand and also provides these services to businesses. NBCUniversal operates news, entertainment and sports cable networks, the NBC and Telemundo broadcast networks, television production operations, television station groups, Universal Pictures and Universal Parks and Resorts. The Computer Butler is an IT support and managed services company serving the greater Nashville, Tennessee area. ConAgra Foods, Inc. is one of North America’s largest packaged food companies with branded and private branded food found in 99 percent of America’s households, as well as a strong commercial foods business serving restaurants and foodservice operations globally. Headquartered in Omaha, Nebraska, ConAgra Foods employs more than 30,000 people nationally and around the globe. The Corcoran Group, a leading residential real estate brokerage company in New York City, operates 40 offices with 2,200 sales associates serving Manhat- - App 18 tan, Brooklyn, the Hamptons, the North Fork, Shelter Island, Delray Beach and Palm Beach, Florida. The Corcoran Group is part of NRT LLC, the nation’s largest residential real estate brokerage company and a subsidiary of Realogy Holdings Corp. that operates Realogy’s company-owned real estate brokerage offices. Corner Brewery, LLC, also known as the Arbor Brewing Company’s Microbrewery, is located in the Historic Depot Town Neighborhood of Ypsilanti, MI. Corning Incorporated, headquartered in Corning, New York, and employing approximately 34,600 people globally, is a world leader in the manufacture of specialty glass and ceramics. Drawing on more than 160 years of materials science and process engineering knowledge, Corning creates and makes keystone components that enable high-technology systems for consumer electronics, mobile emissions control, optical communications and life sciences. Cox Enterprises, Inc. is a leading communications, media and automotive services company. Headquartered in Atlanta, our more than 50,000 employees serve customers across the country and around the world through three divisions: Cox Communications, the third largest cable operator in the country; Cox Automotive, a portfolio of automotive-related services including AutoTrader.com and Kelley Blue Book; and Cox Media Group, which includes television and radio stations, digital media and newspapers. - App 19 Crazy Misfits Pet Services is a pet service company based in Kent, Washington providing services in 8 cities. Credit Suisse Securities (USA) LLC is one of the world’s leading financial services providers and part of the Credit Suisse group of companies, offering clients its expertise in private banking, investment banking and asset management. With offices nationwide, the largest U.S. office is located in New York. Cummins Inc., a global power leader, and a corporation of complementary business units that design, manufacture, distribute and service diesel and natural gas engines and related technologies, including fuel systems, controls, air handling, filtration, emission solutions and electrical power generation systems. Headquartered in Columbus, Indiana, Cummins currently employs approximately 54,600 people worldwide and serves customers in approximately 190 countries and territories through a network of approximately 600 company-owned and independent distributor locations and approximately 7,200 dealer locations. Cupcake Royale, founded in 2003, is a cupcake bakery and café located in Seattle, Washington. CVS Health Corporation is a pharmacy innovation company helping people on their path to better health. Through its 7,800 retail pharmacies, more than 900 walk-in medical clinics, a leading pharmacy benefits manager with more than 65 million plan members, and expanding specialty pharmacy services, CVS enables people, businesses and communi- - App 20 ties to manage health in more affordable, effective ways. Headquartered in Woonsocket, Rhode Island, CVS employs approximately 205,000 people. Dallas Voice is a leading media source for the LGBT community in Texas. Published for 30 years in Dallas-Fort Worth, the Dallas Voice is distributed in five counties, 23 cities and 62 zip codes. Dana-Farber Cancer Institute, Inc. is a not-forprofit hospital and research institute located in Boston, Massachusetts that provides care to children and adults with cancer while advancing the understanding, diagnosis, treatment, cure and prevention of cancer and related diseases. Dana-Farber employs more than 4,000 people. Danaher Corporation is a global science and technology innovator in health care, environmental, and industrial businesses. Danaher has 71,000 associates worldwide. David J. Jarrett, P.C. is a personal injury and insurance defense law firm located in Michigan. David Kosar Insurance Agency is a full-service insurance agency offering property, auto, life, specialty personal lines, commercial and business insurance products. We are located in Everett, Washington and write insurance across the entire state of Washington. David Mack Henderson Income Tax Preparation, located in Fort Worth, Texas, is an income tax preparer with clients all over the United States. - App 21 DCI Group AZ, L.L.C. is a leading public affairs company with its principal place of business in Washington, DC. Its public affairs services include strategic guidance for legislative, regulatory and communications challenges, media development/relations, message development, community outreach, crises management and strategic alliances. DCI Group serves clients nationwide and internationally. Deloitte LLP is a partnership with more than 65,000 partners, principals, and employees who provide audit, consulting, tax and advisory services to many of the world’s most admired brands, including 80 percent of the Fortune 500. Our people work across more than 20 industry sectors to deliver measurable and lasting results. Delta Air Lines, Inc. serves nearly 165 million customers each year. With an industry-leading global network, Delta and the Delta Connection carriers offer service to 319 destinations in 59 countries on six continents. Headquartered in Atlanta, Delta employs nearly 80,000 employees worldwide and operates a mainline fleet of more than 700 aircraft. Depository Trust & Clearing Corporation (DTCC), through its subsidiaries, provides clearing, settlement and information services. In addition, DTCC is a leading processor of mutual funds and insurance transactions. DTCC is headquartered in New York. The Desert Business Association has been committed to the promotion of LGBT businesses and allied businesses since 1979. We are the Coachella Val- - App 22 ley’s only gay business association comprised of over 300 members. Our mission is to champion opportunity, development, and advocacy for our LGBT & allied business community. Deutsche Bank AG is a leading global investment bank headquartered in Frankfurt, Germany, with major hubs in London, New York, Sao Paulo, Dubai, Hong Kong and Tokyo. With 10,000 of its 100,000 employees in the United States, Deutsche Bank offers financial services throughout the world. Diageo North America, Inc. is an indirect subsidiary of Diageo plc, a public limited company in England and Wales. Diageo is a global leader in beverage alcohol with brands including Johnnie Walker, Crown Royal, Buchanan’s and Bulleit whiskies, Smirnoff, Cîroc and Ketel One vodkas, Captain Morgan, Baileys, Don Julio, Tanqueray and Guinness. Diageo North America has approximately 3,000 US employees; 23 business offices across the US and Canada; 12 bottling, distilling, blending and manufacturing sites in Illinois, Kentucky, Maryland, Ontario, and Quebec; distilleries in Manitoba, Tennessee, and the U.S. Virgin Islands; and, 7 wineries and wine production facilities in California. DIRECTV supports the diversity of our more than 30,000 employees whose talents and unique life experiences help us transform what TV means to the world. As one of the world’s leading providers of digital television entertainment services, we deliver a premium video experience to more than 39 million customers in the U.S. and Latin America. In the U.S., DIRECTV offers its over 20 million customers access - App 23 to more than 195 HD channels, exclusive sports programming such as NFL SUNDAY TICKET™, Emmyaward winning technology, and a track record of high customer satisfaction. DocuSign® is The Global Standard for Digital Transaction Management®. DocuSign helps more than 100,000 companies across nearly every industry and department make their digital transformation. More than 50 million people in 188 countries turn to DocuSign to manage their most important transactions—digitally. DocuSign’s DTM platform supports legally compliant signature processes tailored to meet requirements globally with localization in 43 languages. Domini Social Investments LLC is a womanowned and managed SEC-registered investment adviser that specializes exclusively in socially responsible investing. The Dow Chemical Company, based in Midland, Michigan, combines the power of science and technology to passionately innovate what is essential to human progress. In 2014, Dow employed approximately 53,000 people worldwide. The Company’s more than 6,000 products are manufactured at 201 sites in 35 countries across the globe. Dreamcatcher Arts and Publishing Ltd. is a progressive comic strip and magazine publisher based in Lacey, Washington. - App 24 Dropbox, Inc., based in San Francisco, California, is a service that lets you bring all your photos, documents, and videos anywhere, and share them easily. DuPont is a world leader in market-driven innovation and science. For more than 200 years, DuPont has brought world-class science and engineering to the global marketplace through innovative products, materials and services. Our market-driven innovation introduces thousands of new products and patent applications every year, serving markets as diverse as agriculture, nutrition, electronics and communications, safety and protection, home and construction, transportation and apparel. eBay Inc., headquartered in San Jose, California, and employing more than 30,000 people, is a global commerce platform and payments leader, connecting millions of buyers and sellers through online platforms including eBay, PayPal, and GSI. Edelman is a leading global communications marketing firm with more than 5,500 employees in 65 cities worldwide; we partner with many of the world’s largest and emerging businesses and organizations, helping them evolve, promote and protect their brands and reputations. Eldercare Consulting, based in Seattle, Washington, provides project management services for seniors and their families. Electronic Arts Inc. is a leading global interactive entertainment software company that delivers games, content and online services for Internet- - App 25 connected consoles, phones and tablets. personal computers, mobile EnduringHydro, LLC is a clean energy company headquartered in Chevy Chase, Maryland that develops hydroelectric power plants at existing dams, seeking to increase the electricity production from non-fossil fuel sources. Ernst & Young LLP is a member firm of the global EY organization, providing assurance, tax, transaction and advisory services in offices throughout the United States. Ernst & Young member firms have more than 190,000 people worldwide. The Estée Lauder Companies Inc. is one of the world’s leading manufacturers and marketers of quality skin care, makeup, fragrance and hair care products. Founded in 1946 and headquartered in New York City, the Company’s products are sold in over 150 countries and territories. Event Rents is a provider of special event rental items and services. Everything Real Estate LLC is a professional real estate services firm located in Fort Worth, Texas offering client and customer representation, consultation and property management services. Express Movers Inc. is local, family owned Seattle moving company that has been in business since 1993. - App 26 Facebook, Inc., based in Menlo Park, California, is a social media service with more than one billion users. Farella Braun + Martel, LLP represents clients throughout the United States and abroad in sophisticated business transactions and high-stakes commercial, civil and criminal litigation. Founded in 1962, we are headquartered in San Francisco and maintain an office in the Napa Valley. Fastsigns is a sign and graphics company. Fenwick & West LLP is a law firm with more than 600 partners and employees in California, Idaho, Vermont and Washington, providing comprehensive legal services to technology and life sciences companies. First Data Corporation is a global provider of electronic commerce and payment solutions for merchants, financial institutions, and card issuers with operations in 34 countries, serving approximately 6.2 million merchant locations. 1st Security Bank is a community bank operating primarily in the Puget Sound region of Washington State. 1stdibs.Com, Inc. is a leading online marketplace for rare and desirable objects, bringing together more than 2,000 of the world’s dealers specializing in jewelry & watches, furniture, fine art, and collectibles. - App 27 FIT Technologies is a female business enterprise and LGBT-certified firm headquartered in Cleveland, Ohio. FIT provides a full range of managed IT services from network design and monitoring to Internet, VoIP, field support, help desk, IT needs assessments and CIO consultation to businesses and organizations throughout Ohio and in cities across the United States. Flanery CPA is a CPA firm located in the greater Seattle, Washington area. Full Court Press Communications is a full service public relations, public affairs, social media and crisis communications agency located in Oakland, California. G.A.W., Inc. is a manufacturer and distributor of pneumatic tools and accessories. The Gay & Lesbian Chamber of Commerce Nevada (GLCCNV) advances the prosperity, equality and inclusivity of Nevada’s gay, lesbian, bisexual, transgender and allied business community through referrals, education, networking, advocacy and supplier diversity opportunities. GLCCNV was established in 2013 as the local affiliate of the National Gay & Lesbian Chamber of Commerce (NGLCC). General Electric Company is one of the largest and most diversified infrastructure and financial services corporations in the world. With products and services ranging from aircraft engines, power generation, oil and gas production equipment, and household appliances to medical imaging, business and - App 28 consumer financing and industrial products, GE does business in more than 150 countries and employs approximately 307,000 people worldwide. General Mills, Inc. is one of the world’s leading food companies, operating in more than 100 countries around the world. Its brands include Cheerios, Fiber One, Haagen-Dazs, Nature Valley, Yoplait, Betty Crocker, Pillsbury, Green Giant, Old El Paso, Wanchai Ferry, Yoki and more. Headquartered in Minneapolis, Minnesota, General Mills has approximately 43,000 employees worldwide. Gensler is a global architecture, design, planning and consulting firm with more than 4,800 professionals in 46 offices around the world. Gilt Groupe Holdings, Inc., based in New York City and employing more than 1,100 people, is an online shopping destination, offering members special access to leading fashion, home décor and unique local activities in select cities. GlaxoSmithKline LLC is the United States-based affiliate of GlaxoSmithKline plc, a science led global pharmaceutical, vaccines, and consumer healthcare company. The Company manufactures medicines for major disease areas, including respiratory, HIV, diabetes, vaccines for infectious diseases and consumer products for wellness, oral health and nutrition. Gleason & Associates Claims Services, in Ferndale, Michigan, provides insurance adjusting, investigative and surveillance services to insurers throughout Michigan. - App 29 Go Factory, Inc. is a software company located in San Francisco, California that helps enterprises and businesses to create mobile collaboration solutions that integrate data and content with people and systems. Goethel Engelhardt, PLLC is a law firm and professional service limited liability company located in Michigan. The Goldman Sachs Group, Inc. is a leading global investment banking, securities and investment management firm that provides a wide range of financial services to a substantial and diversified client base that includes corporations, financial institutions, governments and high-net-worth individuals. The firm is headquartered in New York City. Google, Inc. is a global technology leader focused on improving the ways people connect with information, with headquarters in California. Goulston & Storrs, P.C. is an international law firm practicing real estate, environmental, retail, tax and other practices in Boston, New York, and Washington, D.C. Great Officiants LLC performs wedding ceremonies, has a wedding chapel and issues marriage licenses in the Southern California area. The Greater Connecticut Gay and Lesbian Chamber of Commerce’s purpose is to create, identify and enhance business opportunities for LGBT - App 30 and LGBT-allied organizations, thereby fostering a more inclusive and vibrant Connecticut economy. Greater San Diego Business Association was founded in 1979 and is the LGBT chamber of commerce in San Diego County, California, with over 800 members. Greater Seattle Business Association is the LGBT chamber of commerce in Seattle, Washington. Greensulate provides sustainable building consulting in New York City, Long Island, the San Francisco Bay Area, and Los Angeles. Grossman Marketing Group, a fourth-generation family business, is a full-service provider of marketing solutions to customers in fields as varied as financial services, law, biotechnology, education, and the arts. Group Health Cooperative is a non-profit health care system linking care delivery and insurance coverage in order to achieve one goal – affordable, quality health care for all. Group Health helps nearly 600,000 patients throughout Washington state. Groupon, headquartered in Chicago, is a global leader of local commerce, offering consumers a vast marketplace of deals all over the world and small businesses a suite of products and services to help them attract, retain and interact with customers. Growing Hope is an Ypsilanti, Michigan based nonprofit. Its mission involves helping people improve - App 31 their lives and communities through gardening and healthy food access. Harrell Remodeling is a full-service residential design and remodeling company based in Mountain View, California and operating in the Silicon Valley with 40 employees. The Hartford Financial Services Group, Inc., headquartered in Hartford, Connecticut and with more than 200 years of expertise, is a leader in property and casualty insurance, group benefits and mutual funds, widely recognized for its service excellence, sustainability practices, trust and integrity. Healthline provides health information and technology solutions that help healthcare organizations and everyday people make more informed healthcare decisions, improve outcomes and reduce costs. Hewlett-Packard Company is an innovative global information technology company providing solutions for printing, personal computing, IT infrastructure, Cloud, and enterprise software and services. Hilton Worldwide Holdings, Inc. is one of the largest and fastest growing hospitality companies in the world, with more than 4,200 hotels, resorts and timeshare properties comprising more than 690,000 rooms in 93 countries and territories. More than 300,000 team members proudly serve in our properties and corporate offices around the world. Holdredge Wines is a small, family-owned pinot noir producer in Healdsburg, California. - App 32 Homeward Pet Adoption Center is one of the leading non-profit, no-kill animal shelters in Washington State. Horizon Air Industries, Inc. is an airline serving cities throughout Arizona, California, Oregon, Washington, Idaho, Montana, and Nevada; Baja California Sur (Mexico); and British Columbia and Alberta (Canada). House Packard LLC is a small law firm headquartered in Kansas City, Missouri, that advocates for those who are marginalized because of their financial status, their identification as LGBT or because they have been injured. HSBC provides retail banking and wealth management, commercial banking, private banking, asset management and global banking and markets expertise to millions of customers, ranging from individual clients to corporate and institutional clients. Ikard Wynne LLP is an Austin, Texas-based law firm offering services in family law, property tax litigation, commercial litigation, technology litigation, business and transactions practice, appellate practice, and public policy. The Independence Business Alliance provides opportunities, access and resources to LGBT professionals and allies in the Greater Philadelphia area. The Inland Northwest Business Alliance is Spokane's Gay Chamber of Commerce with members in Eastern Washington and North Idaho. - App 33 Insala, Ltd., based in Arlington, Texas, is a multinational talent development technology and consulting firm supporting career development, transition, mentoring and corporate alumni activities in 20 languages for over 2 million employees in 180 countries. Inspirato, LLC, headquartered in Denver, Colorado, and employing nearly 300 people, provides luxury vacation solutions for discerning travelers. Integrated Archive Systems, Inc. is a corporation based in Palo Alto, California, that provides data management solution and services. Integrity Law Group is a law firm based in Seattle, Washington that focuses on immigration, family law, bankruptcy, estate planning, escrow, personal injury, short sales, and loan modifications. Intel Corporation is the world’s largest semiconductor manufacturer and is also a leading manufacturer of computer, networking, and communications hardware and software products. Intel is headquartered in Santa Clara, California. Intuit Inc. is a leading provider of innovative business and financial management solutions for small businesses, consumers, accounting professionals and financial institutions. With 8,000 employees in offices around the world, the company has been recognized for its commitment to diversity for ten consecutive years by the Human Rights Campaign. INUS Group, LLC is a business consulting company working with small businesses. - App 34 Jackson Hole Group LLC is a consulting firm headquartered in San Francisco, California that advises client Boards, CEO’s and C-Suite executives on key business, organizational and executive issues. Jagod Designs is an interior design business located in Seattle, Washington. Jazz Pharmaceuticals, Inc. is a specialty biopharmaceutical company that identifies, develops and commercializes innovative products. It has offices in California and Pennsylvania. Jenn T. Grace International LLC, headquartered in Hartford County, Connecticut, focuses on educating businesses on how to do business with and market to the lesbian, gay, bisexual, and transgender community. Jennifer Brown Consulting is a global diversity and inclusion firm with a passion for building more inclusive workplaces and a deep expertise in all related aspects of human capital and talent management. JetBlue Airways Corporation is a U.S. passenger airline headquartered in New York and operating throughout the United States and internationally throughout the Caribbean and Latin America. JetBlue employs over 16,000 crewmembers, predominantly within the United States. The Jim Henson Company, based in Hollywood, California, is an established leader in family enter- - App 35 tainment and is recognized worldwide as an innovator in puppetry, animatronics and digital animation. Johnson & Johnson embraces research and science - bringing innovative ideas, products and services to advance the health and well-being of people. Our nearly 129,000 employees at more than 275 Johnson & Johnson operating companies in 150 countries (including all 50 states) work with partners in health care to touch the lives of over a billion people every day, throughout the world. Johnston, Kinney and Zulaica LLP, headquartered in San Francisco, California, focuses on customized estate planning from foundational to complex, including international and cross border planning, charitable planning and wealth transfer, trust and probate services, tax advice, and helps families with formation and dissolution issues. Jonathan L. Bowman, Attorney at Law, PS, is a law firm in Seattle, Washington, focusing on estate planning and probate, corporate and business law, real estate law, and domestic partnership and samesex marriage legal matters. JPMorgan Chase & Co. is a top global financial services firm and a leader in investment banking, financial services for consumers and small businesses, commercial banking, and asset management. A component of the Dow Jones Industrial Average, JPMorgan Chase serves millions of consumers in the United States and many of the world’s most prominent corporate, institutional and government clients. - App 36 Julian Chang Consulting, Inc., based in San Francisco, California, provides strategic advice to Fortune 500 companies in the areas of community relations, government affairs, and philanthropic partnerships. kapchur.us photography is a photography company that photographs weddings, events, people and products. The Kathy A. Janssen Foundation is a nonprofit foundation located in Commerce, Michigan that provides support for cancer research, funds secondary education scholarships, and assists with treatment costs for uninsured and under-insured cancer patients. Kazan, McClain, Satterley, & Greenwood, PLC is a law firm with offices in Oakland, California and a national practice focused on the representation of asbestos cancer victims from all over the United States. Keir Jones Agency – State Farm, located in Long Beach, California, provides insurance and financial services guidance. Keker & Van Nest LLP is a San Francisco, California law firm that tries and litigates high-stakes civil and criminal cases throughout the country. KEO Marketing Inc., a Phoenix, Arizona based B2B marketing firm, delivers innovative marketing solutions that achieve tangible and substantial results. - App 37 Kimberly-Clark Corp., headquartered in Irving, Texas, and employing more than 42,000 employees worldwide, is a global consumer product company providing essentials for a better life through its wellknown brands including KLEENEX, HUGGIES, KOTEX, COTTONELLE and the SCOTT family of products. Kimpton Hotel & Restaurant Group, LLC operates hotels and restaurants in 27 cities throughout the United States. Kimpton and its subsidiaries employ approximately 8,200 employees. Kollmar Sheet Metal Works, Inc. is a metal fabrication and installation contractor doing residential and commercial work, located in Seattle, Washington. Kotzan Chiropractic, located in San Carlos, California, is a provider of chiropractic care. KPMG LLP is a professional services firm that provides audit, tax and advisory services to a wide range of commercial, non-profit and government entities. KPMG LLP is the United States member firm of KPMG International Cooperative and has over 100 offices and over 27,000 employees, partners, and principals in the United States. Lambda Business Association is the LGBT Chamber of Commerce for Southern Nevada since 1991. Our membership includes over 270 businesses, community organizations and elected officials that are LGBT-owned and LGBT allied. We believe equality, non-discrimination and social justice are good for business. - App 38 Laparoscopic Institute for Gynecologic Oncology, based in Portola Valley, California, produces comprehensive courses on minimally invasive gynecologic surgery. Larson Marketing & Communications LLC is a marketing and communications consulting firm serving the healthcare, professional services, and nonprofit sectors in the greater Seattle, Washington area. Laughton Properties is a full-service property management company located in Sacramento, California. Law Offices of Joel L. Sogol is a criminal defense law firm located in Tuscaloosa, Alabama. Law Office of Lisa E. Schuchman is a law firm in Seattle, Washington. Law Office of Lorie L. Burch, PC is an estate planning & probate law firm located in Dallas, Texas. Law Offices of Robin L. Bodiford, P.A., based in Fort Lauderdale, Florida, provides legal services in the areas of estate planning and administration, bankruptcy, domestic settlements and domestic agreements. The Law Office of Susan K. Fuller, PLLC, based in the Pacific Northwest provides general counsel services for small businesses, provides arbitration services, and represents clients in federal and state courts on a wide variety of issues. - App 39 Levi Strauss & Co. is one of the world’s largest brand-name apparel marketers, with products sold under the Levi’s®, Dockers®, Signature by Levi Strauss & Co.™ and Denizen™ brands. Based in San Francisco, California, it has roughly 16,000 employees worldwide. Liberty Burger is a family owned business with six locations. Lieff Cabraser Heimann & Bernstein, LLP is a law firm specializing in complex individual and class actions on behalf of consumers, investors, employees, patients, and small business owners, with 60 attorneys across offices in San Francisco, California; New York, New York; and Nashville, Tennessee. Life & Love Celebrations provides ceremonial services in Los Angeles, Long Beach, Orange County and surrounding areas. Link in the Chain Foundation, Inc. (LINK) is a South Florida-based, charitable non-profit organization, dedicated to promoting and facilitating volunteerism and philanthropy within local communities across the Americas. LINK’s mission is to connect the needed with those in need. Littler Mendelson, P.C. is a labor and employment law firm with more than 900 lawyers in 55 offices across the U.S. and globally. LNT, Inc., which incorporated in 1982, is a wholesale gem and findings business supplying retailers - App 40 throughout the United States with a variety of products related to the jewelry industry. The Long Beach Gay and Lesbian Chamber of Commerce’s mission and vision is to have a positive impact on the LGBT business and professional community and its allies. Lori Karbal et al is a hair and beauty supply store. Loring, Wolcott & Coolidge Trust, LLC is a multifamily office dedicated to providing highly personalized fiduciary and investment services to high net worth individuals and families. The Los Angeles Gay & Lesbian Chamber of Commerce increases the economic strength of LGBT and allied professionals through business development, visibility advocacy and leadership. Main Street Hair Shoppe, Ltd. has been, for 26 years, a family owned hair salon in the small rural community of Whitmore Lake, Michigan. Marriott International, Inc. is a leading lodging company based in Bethesda, Maryland with more than 4,100 properties in 79 countries and territories. The company operates and franchises hotels and resorts under 18 brands, including The Ritz-Carlton, Renaissance and Courtyard, and directly employs approximately 200,000 associates worldwide. Marsh & McLennan Companies, Inc. is a global professional services firm offering clients advice and solutions in the areas of risk, strategy, and human - App 41 capital. It includes Marsh (insurance broking and risk management), Guy Carpenter (risk and reinsurance intermediary services), Mercer (talent, health, retirement, and investment consulting) and Oliver Wyman (management consulting). Massachusetts Mutual Life Insurance Company is a life insurance company with its principal place of business in Massachusetts. McGraw Hill Financial, Inc. is a leading financial intelligence company providing the global capital and commodity markets with independent benchmarks, credit ratings, portfolio and enterprise risk solutions, and analytics. The Company’s brands include Standard & Poor’s Ratings Services, S&P Capital IQ, S&P Dow Jones Indices, Platts, CRISIL, and J.D. Power. McKesson Corporation is a healthcare services and information technology company dedicated to making the business of healthcare run better. We partner with payers, hospitals, physician offices, pharmacies, pharmaceutical companies and others across the spectrum of care to build healthier organizations that deliver better care to patients in every setting. McKesson helps its customers improve their financial, operational, and clinical performance with solutions that include pharmaceutical and medicalsurgical supply management, healthcare information technology, and business and clinical services. McKinsey & Company, Inc. is a global management consulting firm that serves leading businesses, governments, non-governmental organizations, and not-for-profits. We help our clients make lasting im- - App 42 provements to their performance and realize their most important goals. Merca Property Management is a proud supporter of diversity and equal rights. The Miami-Dade Gay & Lesbian Chamber of Commerce’s mission is to promote a unified and thriving, gay and gay-friendly, business and professional community throughout Miami-Dade County. Microsoft Corporation is a worldwide leader in software, services, devices and solutions that help people and businesses realize their full potential. To create technology that empowers the world, we need a workforce that reflects the diversity of the world. Diversity is central to both our values and our business success. The Mid-America Gay & Lesbian Chamber of Commerce is an organization that advocates, promotes and facilitates the success of the LGBT business community and their allies through the guiding principles of equality, inclusion, economics and education. Our purpose is to create, identify and enhance business opportunities for LGBT and LGBT-friendly organizations, thereby fostering a more inclusive and vibrant economy in Mid-America. Miller & Olson LLP is a law firm with offices in Sacramento and Burlingame, California. Miller Shelton Group, LLC is an experiential marketing company specializing in event production services. - App 43 MillerCoors LLC is a joint venture of SABMiller plc and Molson Coors Brewing Company. MillerCoors seeks to become America’s best beer company through an uncompromising promise of quality, a keen focus on innovation and a deep commitment to sustainability. Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C., established in 1933, is a full-service, 500attorney law firm with eight offices in the United States and the United Kingdom. Mona Smith PLLC is a law firm in Seattle, Washington focusing on the transactional and litigation needs of clients in the areas of business law, real estate, estate planning and LGBT families. Moody’s Corporation is an essential component of the global capital markets, providing credit ratings, research, tools and analysis that contribute to transparent and integrated financial markets. Moody’s Corporation is the parent company of Moody’s Investors Service, which provides credit ratings and research covering debt instruments and securities, and Moody’s Analytics, which offers leading-edge software, advisory services and research for credit and economic analysis and financial risk management. The Corporation employs approximately 9,900 people worldwide and maintains a presence in 33 countries. Morgan Miller Plumbing provides residential and commercial plumbing services for the entire Kansas City metropolitan area and beyond. - App 44 Morgan Stanley is a leading global financial services firm providing investment banking, securities, investment management and wealth management services. With offices in more than 43 countries, the Firm’s employees serve clients worldwide including corporations, governments, institutions and individuals. MWW Public Relations, headquartered in East Rutherford, New Jersey with about 230 employees globally, is a public relations and marketing firm specializing in consumer lifestyle marketing, digital and social media marketing, corporate communications, public affairs and government relations, technology and visual branding. NAMI Dallas, Inc., located in Dallas, Texas, is a non-profit organization that provides support, education and advocacy for people with mental illness and their friends and family. The Nashville LGBT Chamber of Commerce advances common business interests, economic growth, and equality in the workplace for our membership made up of over 210 LGBT members, businesses, and allies. The National Gay & Lesbian Chamber of Commerce is the business voice of the LGBT community and is the largest global not-for-profit advocacy organization specifically dedicated to expanding economic opportunities and advancements for LGBT people. - App 45 Nationwide Mutual Insurance Company, a diversified insurance and financial services organization based in Columbus, Ohio, employs 33,000 associates and provides a full range of insurance and financial services. Neumann Capital Management, LLC is a wealth management firm based in Foster City, California providing comprehensive investment management and financial planning services. The New England Patriots are four-time National Football League Super Bowl Champions. The Kraft Group, headquartered in Foxborough, Massachusetts, is a diversified holding company with assets in forest product distribution, paper and packaging manufacturing, sports and entertainment, real estate development, private equity and venture investing. In addition to the New England Patriots, the Kraft Group’s sports holdings include Major League Soccer’s fivetime conference champion New England Revolution and the venue both teams call home, Gillette Stadium. New Leaf Columbus is dedicated to strengthening LGBTQ communities of color through dialogue that advances visibility, acceptance and involvement. New York Life Insurance Company, founded in 1845, is one of the largest mutual life insurance companies in the United States and in the world. Headquartered in New York City, New York Life’s family of companies offers life insurance, retirement income, investments and long-term care insurance. - App 46 Nifty Hoops, LLC designs, manufactures and installs hoophouses to help four-season farmers grow the fresh and healthy food we all want to eat. NIKE, Inc., based near Beaverton, Oregon, is a world-leading designer, marketer and distributor of authentic athletic footwear, apparel, equipment and accessories for a wide variety of sports and fitness activities. Nixon Peabody LLP is a law firm of over 700 attorneys across the U.S., Europe and Asia. Nixon Peabody is headquartered in Boston, Massachusetts. Northrop Grumman Corporation is a leading global security company providing innovative systems, products and solutions in unmanned systems, cyber, C4ISR (Command, Control, Communications, Computers, Intelligence, Surveillance and Reconnaissance), and logistics and modernization to government and commercial customers worldwide. North Texas GLBT Chamber of Commerce, headquartered in Dallas, Texas, and serving the entire Dallas-Fort Worth area, works to achieve equality through economic development and advocacy. OBOX Solutions, located in Dallas, Texas, is a full service staffing team that encompasses a complete range of placement options. Office Depot, Inc. is a leading global provider of products, services, and solutions for every workplace. The company employs approximately 56,000 associates, and serves consumers and businesses - App 47 in 56 countries with more than 1,800 retail stores, ecommerce sites and a dedicated business-to-business sales organization. The Ogilvy Group, Inc. is a corporation engaged in advertising and marketing communications and based in New York. Ogletree, Deakins, Nash, Smoak & Stewart, P.C. is one of America’s leading labor and employment firms. In our 47 offices, located in 25 states, the U.S. Virgin Islands, Mexico and Europe, we have more than 700 attorneys and more than 1500 employees. We represent employers of all sizes across many industries, including more than half of the Fortune 500. We believe that diversity and inclusion are integral to our outstanding performance and exceptional client service. ONE Community Media, LLC is an Arizona-based business dedicated to educating, empowering, and connecting a coalition of socially responsible businesses and individuals that support diversity, inclusion and equality for all Arizonans. 1 Source Consulting Solutions, based in San Jose, California, provides executive coaching and leadership development programs and services to corporations and non-profits. Oracle America, Inc. is a leading global technology company, delivering hardware, middleware, application software, database software, and operating systems that work together in the cloud and in the data - App 48 center. Based in Redwood City, California, Oracle has over 115,000 employees worldwide. Orbitz Worldwide, Inc. headquartered in Chicago, Illinois, is a leading global online travel company, with nearly 1500 employees and $12 billion in annual bookings. Out & Equal Workplace Advocates is a premiere nonprofit organization dedicated to achieving lesbian, gay, bisexual and transgender workplace equality. We collaborate with leading local, national, and global corporations, their executives, human resource professionals, employee resource groups, and individuals to provide leadership & professional development, education, and research to create a culturally accepting work environment free of discrimination. Outerwall, Inc. is a leading provider of automated retail kiosks (Redbox® entertainment, Coinstar® money services, and ecoATM® electronics recycling) in grocery stores, drug stores, mass merchants, malls, and other retail locations in the United States, Canada, Puerto Rico, the United Kingdom, and Ireland. The company, which has approximately 2,800 employees, is headquartered in Bellevue, Washington. Pakmode Publications, LLC dba Pakmode Media + Marketing is an Ypsilanti, Michigan based sports and entertainment marketing company helping teams, artists and colleges drive revenue through traditional and digital marketing platforms. - App 49 Pandora Media, Inc. provides an internet radio service that gives people music and comedy they love anytime, anywhere, through connected devices. PATH is an international nonprofit organization, headquartered in the United States, that takes an entrepreneurial approach to developing and delivering high-impact, low-cost solutions in more than 70 countries, from lifesaving vaccines and devices to collaborative programs with communities. Peabody & Arnold LLP is a law firm in Boston. Its practice focuses employment, professional liability, and insurance law. Pepper Hamilton LLP is a multi-practice law firm with offices in Pennsylvania, Michigan, New York, New Jersey, Delaware, the District of Columbia, California and Massachusetts, and more than 500 lawyers nationally. Founded in 1890, the firm provides corporate, litigation and regulatory legal services to leading businesses, governmental entities, nonprofit organizations and individuals throughout the nation and the world. PepsiCo makes products that are enjoyed by consumers in more than 200 countries and territories around the world. PepsiCo’s product portfolio includes a wide range of enjoyable foods and beverages, including Frito-Lay, Gatorade, Pepsi-Cola, Quaker and Tropicana. Pfizer Inc. is headquartered in New York and has 30,000 colleagues across the United States. Pfizer is engaged in the discovery, development, manufacture - App 50 and sale of many of the world’s best-known prescription medicines and consumer healthcare products. We are committed to applying science and our global resources to improve health and well-being at every stage of life. We are also committed to maintaining a diverse and inclusive workplace for all colleagues, including LGBT colleagues. Pixelligent Technologies, LLC, producer of PixClear™, is an advanced materials company that delivers next generation materials for demanding applications in solid-state lighting, flat panel displays, and optical components & films. Plexus Education Foundation is a 501c3 organization whose mission is to improve the workplace environment for LGBT individuals through education, research and professional development. Plexus LGBT and Allied Chamber of Commerce connects LGBT professionals and business owners, and allied individuals and organizations to expand the economic interest of stakeholder businesses, to provide education programs and resources, and to advocate for workplace equality. Portland Area Business Association, PortlandArea's LGBT Chamber of Commerce is in its twentythird year and is an affiliate of the NGLCC. PricewaterhouseCoopers LLP is a member of the PwC network of firms in 157 countries with more than 195,000 people who are committed to delivering quality in assurance, tax and advisory services. - App 51 PrideFest produces the Seattle Pride Festival and also helps local upstart prides and provides material support and advocacy for areas of the world where Pride meets resistance or has not made a strong foothold yet. The PrintingWorks has provided top quality traditional offset printing and modern digital printing services to customers in Sunnyvale, San Jose, and the greater Silicon Valley since 1976. Pro-Tec Data, Inc. is a national intellectual asset protection consulting firm that provides a comprehensive array of trade secret and information protection strategy, identification, classification, policy, and training services to high-tech, biotech, pharmaceutical, financial and manufacturing industries. Procter & Gamble serves nearly five billion people around the world with its brands, including Always®, Ambi Pur®, Ariel®, Bounty®, Charmin®, Crest®, Dawn®, Downy®, Duracell®, Fairy®, Febreze®, Gain®, Gillette®, Head & Shoulders®, Lenor®, Olay®, Oral-B®, Pampers®, Pantene®, SK-II®, Tide®, Vicks®, Wella® and Whisper®. The P&G community includes operations in approximately 70 countries worldwide. ProTrials Research, Inc., headquartered in Sunnyvale, California, and employing more than 170 staff across North America and the EU, is a clinical research leader, supporting pharmaceutical, biotechnology, and medical device companies execute high quality clinical studies worldwide. - App 52 Prudential Financial, Inc., a financial services leader, has operations in the United States, Asia, Europe, and Latin America. Prudential’s diverse and talented employees are committed to helping individual and institutional customers grow and protect their wealth through a variety of products and services, including life insurance, annuities, retirementrelated services, mutual funds and investment management. Puma Springs Vineyards is an organic and biodynamic farming company in Healdsburg, California, that grows and sells luxury wine grapes to Sonoma County wineries. Qualcomm Incorporated is a world leader in mobile connectivity and computing technologies. With more than 30,000 employees worldwide, Qualcomm and its affiliated companies develop and sell chipsets for mobile devices and broadly license their innovations to the industry. Quorum is a conduit for economic development. Our work includes assisting and developing certified GLBT owned enterprises and supporting their entrance into the supply chains through fully inclusive Supplier Diversity programs as well as creating visibility and business activity for all of our member businesses and organizations. RAFI Architecture and Design is a multifaceted planning, architecture, and urban design firm with three studios, with its primary office in Las Vegas, Nevada. - App 53 Rainbow Chamber of Commerce Silicon Valley is located in Silicon Valley since 1999. Our member businesses and business professionals are both of LGBT- and allied-owned. Ralph’s Regal Weddings performs wedding ceremonies for all couples in the Spokane, Washington and Coeur d’Alene, Idaho areas. Ray Holley Communications provides writing and editing services in Healdsburg, California. RBC Capital Markets, LLC is a premier investment bank that provides a focused set of products and services to corporations, institutional investors and governments around the world. Replacements, Ltd., based in Greensboro, North Carolina, operates replacements.com and is the largest retailer of discontinued and active china, crystal, flatware, and collectibles. Restaurant Management Concepts is a restaurant consulting group located in Miami, Florida. Reverberate! Marketing Communications, Inc. is a marketing/public relations firm, based in Miami, Florida. Rising Tide Brewing Company is a brewery based in Portland, Maine. RJR Photography, based in Grand Rapids, Michigan, is a full service photography provider. - App 54 Robert H. Stutz Jr. CPA is a public accounting firm located in Dallas, Texas. Rockwell Automation, Inc. is a leading company dedicated to industrial automation and information. Headquartered in Milwaukee, Wisconsin, Rockwell Automation employs about 22,500 people serving customers in more than 80 countries. Rotella & Hernandez, LLC, a law firm, is a 100% owned lesbian business. Based in Florida, our office handles immigration matters (nationwide), criminal and civil matters. The Sacramento Rainbow Chamber of Commerce serves gay, lesbian, bisexual and transgender business owners, professionals and allies in the sixcounty Greater Sacramento region. Sadek Bonahoom PLC is a law firm that serves small businesses and nonprofits in Detroit and its surrounding areas. The San Francisco Chamber of Commerce, representing over 1,500 local businesses, attracts, supports and grows business through advocacy, economic development and business development in San Francisco, California. The San Francisco Giants are reigning World Series Champions and one of the oldest franchises in Major League Baseball. The Seattle Lesbian, LLC publishes a daily online news magazine operating from offices in the Pacific - App 55 Northwest and reaching communities around the world. Seattle Metropolitan Chamber of Commerce represents 2,200 small, medium and large businesses in the four-county Puget Sound region. Sempra Energy has over 17,000 employees worldwide. The Sempra Energy companies develop energy infrastructure, operate utilities, and provide related products and services to more than 32 million consumers worldwide. Seyfarth Shaw LLP is an international law firm with more than 800 attorneys in the United States, London, Shanghai, Melbourne and Sydney that offers a national platform and an international gateway to serve our client’s business and legal needs in litigation, employment, corporate, real estate and employee benefits. Shingles Roofing LLC is a family owned roofing and general contracting company. Sidetrack, Inc., operates the Sidetrack Bar & Grill is a popular restaurant located in the historic Depot Town neighborhood of Ypsilanti, Michigan. Simon, Schindler & Sandberg LLP is a full service law firm providing trial and appellate services to individuals and small businesses. Skellenger Bender, P.S. is a Seattle, Washington based law firm that serves individuals, families, businesses, and governmental entities. - App 56 Skyworks Solutions, Inc., based in Woburn, Massachusetts, is an innovator of high performance analog semiconductors. Sleeves Up Productions, LLC is a full service production company dedicated to transforming ideas into meaningful, moving, and colorful content. Sōw is a California inspired organic juice company specializing in artisanal made to order juice and other beverages. Spectra Law PS is a law firm with offices in Seattle and Spokane, Washington that provides estate planning, probate, and small business services to the LGBT community. Spry Vision, Inc., located in Seattle, Washington, provides sales, marketing and business solutions to drive growth, increase revenue and unlock business value. St. Jude Medical, Inc. is a global medical device manufacturer dedicated to transforming the treatment of some of the world’s most expensive epidemic diseases. Headquartered in St. Paul, Minnesota, St. Jude Medical has four major clinical focus areas that include cardiac rhythm management, atrial fibrillation, cardiovascular and neuromodulation. Staples, Inc., headquartered outside of Boston, Massachusetts and with over 85,000 employees in over 20 countries, lets customers shop however and whenever they want, whether it is in-store, online, on mobile devices, or through the company’s online, pick-up in - App 57 store option. Staples offers products such as technology, facilities and breakroom supplies, furniture, safety supplies, medical supplies, and copy and print services. Starbucks Corporation. Since 1971, Starbucks Coffee Company has been committed to ethically sourcing and roasting the high-quality arabica coffee. Today, with stores around the globe, the company is a premier roaster and retailer of specialty coffee in the world. Through our unwavering commitment to excellence and our guiding principles, we bring the unique Starbucks Experience to life for every customer through every cup. Starrtek LLC, headquartered in Kearney, Missouri, develops custom technology solutions across several technology platforms. State Street Corporation is a global leader in providing financial services to institutional investors, delivering solutions across investment management, research and trading, and investment servicing. Headquartered in Boston, Massachusetts, State Street operates in 29 countries and serves clients in more than 100 markets. Steven Graves Insurance Agency is a full service agency serving individuals, families and businesses in Texas. Stonewall Behavioral Health is a leading counseling and training business in North Texas specializing in lesbian, gay, bisexual and transgender folks and the people who love them. We are a group of licensed - App 58 professional counselors who self-identify with the very population of LGBT people we treat and train. Stonewall Columbus, founded in 1981, operates the only LGBT Community Center in central Ohio. Stuffed Cakes, LLC, located in West Seattle, Washington, creates and sells custom cakes. Sun Life Financial (U.S.) Services Company, Inc. has approximately 2,300 employees in 43 states who support the United States insurance operations of Sun Life Financial Inc., a leading international financial services company. SunDaily is a research-based nutritional supplement manufacturer committed to producing the highest quality products using only the most effective, bioavailable ingredients. Support.com, Inc., headquartered in Redwood City, California, is a leading provider of cloud-based software and services for technology support and employs over 2,000 people throughout the United States. Sweet Dixie Kitchen is a cafe and bakery in the East Village, Long Beach, California. Symantec Corporation operates one of the largest global data-intelligence networks and provides leading security, backup, and availability solutions for where vital information is stored, accessed and shared. Symantec employs more than 20,000 people. - App 59 Taber Food Services, Inc. owns and operates five Hobee’s California Restaurants, serving up fresh, healthful California fare. The Tampa Bay Rays organization is a Major League Baseball team based in St. Petersburg, Florida. Target Corporation is an upscale discount retailer that provides high-quality, on-trend merchandise at attractive prices. The company has 361,000 team members worldwide. TD Bank, N.A., is one of the 10 largest banks in the United States, providing a full range of retail, small business and commercial banking products and services throughout the East Coast. In addition, TD Bank and its subsidiaries offer customized private banking and wealth management, vehicle financing and dealer commercial services. TD Securities (USA) LLC is the U.S. broker-dealer arm of TD Securities, which offers a wide range of capital market products and services to corporate, government and institutional clients. Tech Data Corporation is one of the world’s largest wholesale distributors of technology products. It serves as a link in the technology supply chain by bringing products from technology vendors to market, as well as providing customers with advanced logistics capabilities and value-added services. The Company is managed in two geographic segments: the Americas (including North America and South America) and Europe. - App 60 TestTracks is an online campus recruiting platform that helps companies assess and compare top-tier college students based on real work experience. Thinking Cap Communications & Design is a full service advertising and graphic design agency located in Spokane, Washington. Third Point LLC is an investment management firm headquartered in New York. Founded in 1995, the fund invests on behalf of pensions, endowments, institutions and individuals with an event-driven focus across the globe. Thomson Reuters is a world-leading source of intelligent information for businesses and professionals in the financial and risk, legal, tax and accounting, intellectual property and science and media markets. With headquarters in New York and major operations in London and Eagan, Minnesota, Thomson Reuters employs approximately 60,000 people and operates in over 100 countries. Tiwary Entertainment Group LLC is a multifaceted arts and entertainment venture involved in production, financing, consultation, and investment. TNT Promotions, LLC offers promotional products, apparel, consulting and trade show services. TOCA Events, LLC is an international event design and production company. - App 61 TravelOut, Inc. is a full service travel agency specializing in cruises and land vacations. We have been in business since 1999. Tutta Bella Neapolitan Pizzeria (doing business as Stone Way Eateries, LLC, Bellevue Eateries, LLC, and Columbia City Eateries, LLC) is an authentic Neapolitan pizzeria in the Pacific Northwest. Over the last decade Tutta Bella has grown to five neighborhood locations in the greater Seattle area. Twitter, Inc., founded in 2006, provides a real-time information service on which people around the world can post ideas, comments and news, plus photos and videos, in 140 characters or fewer. Twitter is based in San Francisco, California. 206 Inc. is a non-traditional marketing agency based in Seattle, Washington that builds authentic, multidimensional campaigns for globally recognized brands. UBS AG draws on its 150-year heritage to serve private, institutional and corporate clients worldwide, as well as retail clients in Switzerland. Its business strategy is centered on its pre-eminent global wealth management businesses and its universal bank in Switzerland. Headquartered in Zurich, Switzerland, UBS is present in all major financial centers worldwide and employs about 60,000 people around the world. The Ultimate Software Group, Inc., headquartered in Weston, Florida, with 1,600 employees na- - App 62 tionwide, is a leading cloud provider of people management solutions for businesses. United Air Lines, Inc. United Airlines and United Express operate an average of 5,055 flights a day to 373 airports across six continents. In 2014, United and United Express operated nearly two million flights carrying 138 million customers. United’s network includes U.S. mainland hubs in Chicago, Denver, Houston, Los Angeles, New York/Newark, San Francisco and Washington, D.C. The airline is a founding member of Star Alliance, which provides service to 193 countries via 27 member airlines. More than 84,000 United employees reside in every U.S. state and in countries around the world. United Therapeutics Corporation, headquartered in both Maryland and North Carolina, is a biotechnology company focused on the development and commercialization of innovative medicinal products worldwide. Uptown Physicians Group is a primary care practice in Dallas focused on the health and well-being of the LGBT population and HIV medicine. VCB Consulting & Accounting Services is a Seattle, Washington-based company that provides CPA services including taxation, write-up work, financial planning, and assistance to start-up companies. Verizon Communications Inc. is a leading communications provider that delivers broadband and other wireless and wireline communications services to consumer, business, government and wholesale - App 63 customers. Verizon’s wireless network has more than 108 million retail connections nationwide. Verizon also provides converged communications, information and entertainment services over its fiber-optic network, and delivers integrated business solutions to customers worldwide. Viacom Inc., headquartered in New York City, is a leading global entertainment content company that connects with audiences in more than 165 countries and territories and creates compelling television programs, motion pictures, short-form video, apps, games, brands for consumer products, social media and other entertainment content. With media networks reaching approximately 700 million global subscribers, Viacom’s leading brands include MTV, VH1, CMT, Logo, BET, CENTRIC, Nickelodeon, Nick Jr., TeenNick, Nicktoons, Nick at Nite, Comedy Central, TV Land, SPIKE, Channel 5 (UK), Tr3s, Paramount Channel and VIVA. We also produce and distribute motion pictures and other entertainment content under the Paramount Pictures and related brands. Visa Inc. is a global payments technology company that connects consumers, businesses, financial institutions, and governments in more than 200 countries and territories to fast, secure and reliable electronic payments. VitaPerk produces vitamin and mineral supplements. VMware, Inc. is an industry-leading virtualization software company. Our people are driven to create - App 64 amazing innovations in a workplace that encourages and supports growth, learning and collaboration. W. M. Martin Advertising is a promotional advertising business that began in 1983 and provides branded marketing materials to customers across the United States. W.W. Grainger, Inc., incorporated in Illinois in 1928, is a broad-line distributor of maintenance, repair and operating supplies and other related products and services used by businesses and institutions primarily in the United States and Canada, with a presence in Europe, Asia and Latin America. W/S Development Associates LLC, headquartered in Chestnut Hill, Massachusetts, is one of the largest privately-held developers and owners of retail space in America with more than 20 million square feet of properties and employees in 11 states. Walsh Wellness Center is a chiropractic office with acupuncture, massage and physical therapy. The Walt Disney Company, together with its subsidiaries, is a diversified worldwide entertainment enterprise with operations in five business segments: Media Networks, Parks and Resorts, Studio Entertainment, Consumer Products and Interactive, employing about 180,000 people. Wasserman Media Group is a sports marketing and entertainment company headquartered in Los Angeles, California with global expertise in media - App 65 rights, consulting, athlete management, gold, soccer/football and action sports and Olympics. Wells Fargo & Company is a nationwide, diversified, community-based financial services company. Founded in 1852 and headquartered in San Francisco, Wells Fargo provides banking, insurance, investments, mortgage, and consumer and commercial finance services. Whey Natural! USA LLC manufactures an allnatural whey protein concentrate and through the Chill-Right® process utilizing Amish pastureland fed dairy cows milk. The Wisconsin LGBT Chamber of Commerce is a statewide business organization working to build a pro-fairness community all around the state. The Chamber represents more than 275 small businesses and corporations as members. Witeck Communications, Inc., based in Washington, D.C., provides media, marketing and strategic communications counsel to U.S. corporations and nonprofits to build successful, trusted bridges with the LGBT community. The Workplace Equality Index is a stock index that includes many of America’s leading equalityminded corporations. It consists of publicly-traded companies that support LGBT equality in the workplace. Wyndham Worldwide Corporation, one of the world’s largest hospitality companies, provides a wide - App 66 range of hospitality products and services through its global portfolio including Wyndham Hotel Group, Wyndham Exchange & Rentals, and Wyndham Vacation Ownership. Xerox Corporation, with 140,000 employees in 180 countries, is a world-leading enterprise for business process and document management. Xerox provides end-to-end solutions, from back-office support to the printed page, to help customers operate their businesses and manage information. Xfund is an early-stage venture capital firm dedicated to finding and supporting technically-gifted entrepreneurs with a liberal arts mindset. Founded at Harvard in 2011 by a partnership of Accel Partners, Breyer Capital, New Enterprise Associates and Polaris Partners, Xfund has offices in Cambridge and Silicon Valley. YES DESIGN GROUP is a creative communications agency known for strategic and innovative advertising, branding, design and marketing. Founded in Los Angeles in 1998, YES DESIGN GROUP serves a broad client base ranging from small businesses to leading global brands. Ypsilanti Downtown Development Authority is a downtown development authority in Ypsilanti, Michigan organized under the Downtown Development Authority Act, Act 197 of 1975. Its mission is to undertake district-wide improvements that have the greatest impact in strengthening the downtown areas and attracting new business. The primary goal of the YDDA is to implement positive economic, physical, - App 67 aesthetic, and community changes in each of our four districts. Zausmer, Kaufman, August & Caldwell, P.C. is a full-service law firm in Farmington Hills, Michigan with over 35 attorneys and a full complement of legal assistants, secretaries and other staff. Zingerman’s Community of Businesses began in 1982 as Zingerman’s Delicatessen and has grown to 10 food-related businesses, 19 partners and over 750 employees, located in Washtenaw County, Michigan. ZoomSystems, a San Francisco-based technology company, is a leader in the automated retail industry. ZoomSystems operates in North America, Asia and Europe. Zynga Inc., headquartered in San Francisco, California, is one of the largest social gaming companies with a mission to connect the world through games.