By Gavin Fletcher

Despite the economic downturn businesses are creating workplace environments with policies to protect gay employees from discrimination and offer partner benefits not yet provided by the federal government.

Of the 590 businesses reviewed, 305 earned a perfect rating on the Corporate Equality Index (CEI), based on lesbian, gay, bisexual and transgender (LGBT) workplace policies and benefits, a 20 percent increase since last year, according to a report released by the Human Resources Campaign Foundation (HRC).

“The Corporate Equality Index 2010 shows that, even in the most challenging economy, leading employers are forging ahead of federal and state law to recruit and retain a diverse workforce — regardless of employees’ sexual orientation and gender identity or expression,” said Joe Solmonese, HRC president.

Collectively, the 305 top-rated businesses employ more than nine million full-time employees and are protected from employment discrimination based on sexual orientation and gender identity because of their employers’ policies on diversity and inclusion, training and benefits.

While many cities, counties and states protect employees from discrimination based on gender identity or sexual orientation and federal law does not, gay workers still face discrimination when there are employer based health insurance, which does not cover same-sex families.

“While Congress considers a federal law that prohibits workplace discrimination based on sexual orientation and gender identity or expression, businesses can take immediate steps to ensure all employees in their workforce are treated fairly today. These 305 businesses, and all employers actively working to improve their rating, set an example for all U.S. employers, including the federal government,” said Solmonese.

Recently, impressive gains were made across the board in regards to policies and protections offered by businesses, especially for transgendered workers.

In 2002, only 5 percent of businesses rated prohibited discrimination based on gender identity or expression. The CEI 2010 reports that figure has increased to 72 percent.

The top businesses rated included technology giant Dell, Inc. Dell has earned a perfect rating for the sixth straight year.

"We appreciate the recognition from the HRC with our sixth straight perfect score. We thank the HRC for being a tireless champion of diversity. Diversity and inclusion are critical components in Dell's long-term success and the LGBT community is a valuable group to our employees, customers and partners," said Gil Casellas, Dell's vice president of Corporate Responsibility.

“The Corporate Equality Index has provided a roadmap for employers to address their policies, benefits and other practices broadly since 2002,” said Daryl Herrschaft, director of the HRC.