eHarmony Blog

(Note: At time of writing, CompatiblePartners’s “submit” form does nothing. It is just a dummy static page and a dummy form.)

From the Office of the New Jersey Attorney General

Division on Civil Rights Announces Settlement with eHarmony, Inc. – Online Relationship Website Agrees to Provide Same-Sex Matching

View settlement agreement – pdf

(Source) 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:

• 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
• 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”
• 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.

From eHarmony’s PR group

eHarmony, Inc. Settles With New Jersey Attorney General, Agrees to Launch Same-Sex Matching Service in 2009

PASADENA, Calif., Nov 19, 2008, 10:00 AM /PRNewswire/ — eHarmony, Inc. and the New Jersey Attorney General’s Division on Civil Rights (DCR) have settled allegations that the company violated New Jersey’s Law Against Discrimination (LAD) by failing to offer a same-sex matching service. As a result of the settlement agreement, eHarmony, Inc. will start a new service for same-sex matching called Compatible Partners by March 31, 2009. The settlement makes clear that eHarmony, Inc. has not been found in violation of the law.

“Even though we believed that the complaint resulted from an unfair characterization of our business, we ultimately decided it was best to settle this case with the Attorney General since litigation outcomes can be unpredictable,” said eHarmony, Inc. legal counsel Theodore B. Olson, a partner at Gibson Dunn & Crutcher LLP. “eHarmony looks forward to moving beyond this legal dispute, which has been a burden for the company, and continuing to advance its business model of serving individuals by helping them find successful, long-term relationships.”

The case originated in 2005 when a New Jersey resident [Eric McKinley] filed a formal complaint with the State alleging that eHarmony violated his rights under the LAD by not offering a same-sex matching service. For more than three years, eHarmony vigorously contested the allegations of the complaint. On July 23, 2007, however, the Director of the DCR issued a Finding of Probable Cause that eHarmony had violated the LAD. eHarmony filed a Motion for Reconsideration of the finding, which was pending at the time of the settlement.

eHarmony, Inc. matches singles seeking long-term relationships. Its patented Compatibility Matching System(TM) is based on years of research involving opposite-sex couples and their marriages. On average, more than 236 eHarmony members are married every day in the United States as a result of being matched by eHarmony, according to research conducted by Harris Interactive.

“Strong demand for eHarmony’s unique matching service is indicative of the incredible success that our diverse subscribers have had since we started our business more than eight years ago. With the launch of the Compatible Partners site, our policy is to welcome all single individuals who are genuinely seeking long-term relationships,” said eHarmony Vice President of Legal Affairs Antone Johnson.

The Compatible Partners site and eHarmony.com will both benefit from the company’s commitment to long-term relationships. The two sites will maintain their own matching pools, registration information, and subscriptions. The separate matching pools are based on whether the user chooses to seek an opposite- or same-sex relationship. As a result, users of the Compatible Partners site and eHarmony.com cannot be matched with each other.

Under the settlement agreement, the company reserves the right to inform those using the new same-sex matching service that the Compatibility Matching System(TM) developed by eHarmony is solely based on research involving married heterosexual couples.

For more information about the settlement: http://www.eharmony.com/njfaq.
For more information about eHarmony, Inc.: http://www.eharmony.com/about/faq.
To register for Compatible Partners: http://www.compatiblepartners.net

eHarmony releases an FAQ

Additional details from njfaq (backup) linked above:

• Registration on the Compatible Partners site will be free for the first 10,000 users registering within one year of its launch. After that time, subscription pricing for the new site will be equal to that for eHarmony.com.
• eHarmony, Inc. will pay $50,000 to the New Jersey Attorney General’s Office to cover administrative expenses and $5,000 to the original plaintiff who brought the case.

“Now that we’re entering the same-sex matching market, we fail to see what the [California] plaintiffs could achieve through further litigation,” — Antone Johnson.

Reports from elsewhere

1. LA Law Blog post, posted this afternoon.

… eHarmony faces a similar discrimination claim in California. It’s unclear how this settlement will affect that case. “Now that we’re entering the same-sex matching market, we fail to see what the [California] plaintiffs could achieve through further litigation,” says Antone Johnson, a vice president of legal affairs at eHarmony. …

2. USAToday article, posted this afternoon.

… McKinley, 46, said he was shocked when he tried to sign up for the dating site but couldn’t get past the first screen because there was no option for men seeking men.

“It’s very frustrating and it’s very humiliating to think that other people can do it and I can’t,” he said. “And the only reason I can’t is because I’m a gay man. That’s very hurtful.” …

Some of my musings about CompatiblePartners.net

• Why .net and not .com? No budget for it… CompatiblePartners.com belongs to a bulk domain reseller. Before eHarmony bought the domain on 2008, CompatiblePartners.net belonged to another bulk domain reseller.
• The first paragraph of the TOS says that site “offers a service for single people seeking same-sex matches”. So really, there is no point for a “Man seeking woman” and “Woman seeking man” choice on the homepage.
• “Compatible Partners” is not a registered trademark, as per the US Patent & Trademark Office database.

Stay tuned for continuing coverage here on EHB.