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TRENTON
– Division on Civil Rights Director
J. Frank Vespa-Papaleo announced today that
the state has entered into a settlement
agreement with eHarmony, Inc. under which
the compatibility-based relationship Web
site will begin providing same-sex matching
services in 2009.
Under
terms of the settlement between Eric McKinley,
a gay match-seeker from New Jersey, and
eHarmony, Inc., the relationship Web site
agrees to provide a new service for match-seekers
identifying themselves as “male seeking
a male” or “female seeking a
female” by March 31, 2009.
The
company also agrees to ensure that same-sex
users are matched via the same or equivalent
technology as that used for heterosexual
match-seekers, agrees to charge same-sex
users the same fees, and agrees to offer
the same service quality and terms of service
as heterosexuals.
“I
applaud the decision of eHarmony to settle
this case and extend its matching services
to those seeking same-sex relationships,”
said Vespa-Papaleo.
eHarmony,
Inc. entered into the settlement agreement
after a discrimination complaint was filed
by McKinley against the on-line matchmaker
in 2005, triggering a Division on Civil
Rights Investigation and Finding of Probable
Cause in 2007. Under terms of the agreement,
the complaint is dismissed, and neither
the company nor its founder, Dr. Neil Clark
Warren, admits to any liability. Under the
settlement agreement, eHarmony, Inc. can
create a new or differently-named Web site
to provide same-sex matching services, but
the new Web site’s home page must
identify it as an affiliate of, or a site
provided by, eHarmony, Inc.
The
company does, however, reserve the right
to post a disclaimer noting that eHarmony’s
compatibility-based matching system was
developed solely on the basis of research
focused on married heterosexual couples.
As
part of the settlement, eHarmony, Inc. will
provide a free, one-year membership to Eric
McKinley, whose sexual-orientation-based
discrimination complaint against the company
led to the Division on Civil Rights investigation.
In addition, the settlement calls for eHarmony,
Inc. to pay McKinley $5,000, and to pay
the Division on Civil Rights $50,000 to
cover investigation-related administrative
costs.
Additional terms of the settlement include:
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eHarmony, Inc. will post photos of same-sex
couples in the “Diversity”
section of its Web site as successful
relationships are created using the company’s
same-sex matching service. In addition,
eHarmony, Inc. will include photos of
same-sex couples, as well as individual
same-sex users, in advertising materials
used to promote its same-sex matching
services
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eHarmony, Inc. will revise anti-discrimination
statements placed on company Web sites,
in company handbooks and other company
publications to make plain that it does
not discriminate on the basis of “sexual
orientation”
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the company has committed to advertising
and public relations/ marketing dedicated
to its same-sex matching service, and
will retain a media consultant experienced
in promoting the “fair, accurate
and inclusive” representation of
gay and lesbian people in the media to
determine the most effective way of reaching
the gay and lesbian communities.
Deputy
Attorney General Charles Cohen and Estelle
Bronstein handled the eHarmony, Inc. matter
on behalf of the state.
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