Publix scores zero on HRC’s Corporate Equality Index

When making the decision whether to shop at Publix or Kroger, gay Atlanta may want to take into consideration Publix’s zero score on the national LGBT Corporate Equality Index scored by the Human Rights Campaign.

Publix received a zero from HRC’s annual index for, among numerous other criteria, not offering a non-discrimination policy that included sexual orientation or offering insurance to domestic partners.

However, for the past 13 years, Fortune has named Publix one top 100 companies to work for and states in its evaluation it states Publix does have a non-discrimination policy that includes sexual orientation. Fortune does note Publix does not offer insurance to domestic partners.

Publix is an employee-owned business based in Lakeland, Fla. A Florida man, Sean Devany, complained to the local media after he said he and his partner were discriminated against after Publix denied allowing his partner of 18 years to take time off work to attend the funeral of his father with him.

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“Publix claims to be a community focused company. “Well, apparently not if you are gay!” Sean Devany wrote in a letter to the editor of the South Florida Gay News.

Devany told the SFGN he wants the company to offer domestic partnership policies so he and gay couples can be treated the same as their heterosexual peers and colleagues.

“Do you think we would have had the same outcome if it were a straight couple of 18 years? I don’t think so!” Devany wrote in the letter. Devany attended the funeral alone, telling SFGN the couple could not afford to lose income at this time and he was sure his partner would have been fired if he had taken the time off.

Nadine Smith, CEO of Equality Floriday, said she was not surprised to hear about Publix’s actions.

“They are not going to do anything that the law does not require,” said Smith. “It’s going to be up to Publix employees to change that dynamic from the inside.”

And because gay couples cannot legally marry in Florida, they cannot be treated the same as straight couples, a Publix spokesperson told SFGN.

“In the five states in which we currently operate, same-sex marriage is not recognized as a legal union. We follow all laws in the cities and states in which we operate, and are therefore in compliance with all municipal and county codes. In addition, Publix routinely reviews all policies and procedures. Publix is recognized as a great place to work and employer of choice based on the many benefits we offer our associate owners,” Nicole Krauss, spokesperson for Publix’s operations in Southeast Florida, wrote in an email to SFGN.

The five states are Florida, Georgia, Alabama, South Carolina and Tennessee.

Publix did not fill out the Corporate Equality Index survey sent out by HRC. “Rating is unofficial. Company has not responded to repeated requests to participate in the Corporate Equality Index survey,” HRC states in its ranking of Publix.

Publix did fill out the Fortune survey. And according to a Publix news release about the Fortune survey, “Two-thirds of a company’s score is based on a survey, which is sent to a random sample of employees. The survey asks questions related to their attitudes about the management’s credibility, job satisfaction, and camaraderie. The remaining third is based on a company’s responses to the Culture Audit questionnaire, which asks detailed questions about pay and benefits programs, and open-ended questions about hiring, communication and diversity.”

Those seeking more LGBT-friendly grocers can look to Cincinnati-based Kroger, which scored an 85 on the CEI. Kroger receives points for having a non-discrimination policy that includes sexual orientation and gender identity and also offering domestic partner benefits including health care coverage — and also bereavement leave.

Kroger missed out on scoring 15 points for a perfect 100 score because it offers no benefits to transgender employees, such as surgical procedures, mental health counseling, hormone therapy and short-term leave after surgical procedures.