A Pittsburgh gay man has filed suit against his employer, claiming he’s being discriminated against because he’s unable to add his domestic partner to his health-insurance plan.
Bradley A. Ankney is employed as a math teacher by the Allegheny Intermediate Unit, based in Homestead.
Ankney currently teaches seventh through 12th-grade students at AIU’s Regional Educational Support Center, located in McKees Rocks.
For the past 15 years, Ankney has been in a committed relationship with another man, but AIU refuses to add the man to Ankney’s health-insurance plan.
Ankney, 47, filed a complaint with the Allegheny County Human Relations Commission, claiming discrimination based on his sexual orientation.
But in December, the commission dismissed Ankney’s complaint, without conducting an investigation.
“Since the complaint didn’t identify any unlawful discriminatory conduct, and had no basis under the law, the decision was made that no investigation was warranted,” explained Robert G. Borgoyn, an attorney for the commission.
Undeterred by the setback, Ankney filed suit against AIU in Allegheny Common Pleas Court last month, alleging violations of state and county law.
Sara J. Rose, an attorney for Ankney, expressed optimism that he will prevail in court.
“There’s no direct precedent, but we look to what other states have done,” Rose told PGN. “Many state courts have agreed that conditioning benefits on marriage discriminates against gay men and lesbians. We’re confident we’ll be able to set a precedent here in Allegheny County.”
She said AIU’s position directly violates county law.
“Under Allegheny County’s human-relations ordinance, you can’t use heterosexuality as a criterion for providing employment benefits,” Rose explained.
Linda B. Hippert, executive director of AIU, referred questions about the case to an attorney, who didn’t respond.
Rose also said AIU’s position violates the state Equal Rights Amendment.
“While the Equal Rights Amendment hasn’t been interpreted to provide the protection we’re seeking, there’s good reason to believe that it should be interpreted that way,” she said. “There are no cases in Pennsylvania holding that the ERA doesn’t apply to these types of discrimination claims.”
Rose praised her client’s courage in seeking the benefits.
“He’s taken a courageous step in filing this lawsuit. At the same time, he’s a very private person. He’s had some discomfort with personal details about his life being out there. But he feels this is so important that he’s willing to undergo the public scrutiny that comes with filing a lawsuit.”
She added, “He’s not just doing this for himself and his partner, but for everyone in Allegheny County who is unable to obtain employment benefits because of their sexual orientation and/or gender.”
Ankney wants to be compensated by AIU for the lsrger amount the couple has paid for health insurance because of AIU’s alleged discrimination.
He’s also seeking a permanent injunction, requiring AIU to provide the same benefits to those in same-sex committed relationships it provides to married couples.
At presstime, a judge hadn’t been assigned to the case.
Rose said a lawsuit currently pending in federal court for the Middle District of Pennsylvania could legalize same-sex marriage in the state.
“In the meantime, there’s other work to be done to protect people from discrimination,” she said. “This lawsuit is an example of that.”
