A Cathedral City man is protesting a policy by his employer SkyWest Airlines Inc. and its partner, Delta Airlines Inc., which he contends fails to recognize the equal rights of gay employees' spouses and registered domestic partners in violation of California law.

In a six-page letter to the airlines, attorney Tara L. Borelli, with Lambda Legal, contends her client, Gilbert Caldwell, and his spouse, the Rev. David Farrell, are enduring employment discrimination due to a SkyWest travel policy that refuses to extend its benefits to same-sex spouses “while heterosexual employees' spouses are fully respected automatically.”

The Oct. 29 letter is the first step before formally suing SkyWest and Delta, Borelli said Friday.

“In this incident, they are refusing to treat Gilbert in the same way as they do married, heterosexual couples,” added Borelli, a Lambda Legal staff attorney in Los Angeles.

“They should be providing travel benefits on equal terms.”

Lambda Legal is a national organization that uses public education and litigation to advance civil rights for lesbians, gay, bisexual and transgender people.

Officials with SkyWest and Delta Airlines did not return multiple phone messages on Thursday and Friday seeking comment.

“This surprising and discriminatory policy not only sends a powerful message of stigma and devaluation to SkyWest's gay and lesbian employees, but contravenes clear California legal mandates to treat same-sex spouses and registered domestic partners on equal terms with heterosexual spouses,” the letter states.

“This letter is our final attempt to correct SkyWest and Delta's clearly unlawful travel benefits policy before Mr. Caldwell proceeds to court.”

Lambda Legal contends the airlines' treatment of Caldwell violates its own equal employment policies.

Caldwell, 56, has worked as a baggage service agent for SkyWest Airlines at Palm Springs International Airport since Sept. 23, 2004.

His position at SkyWest entitles Caldwell to family travel benefits, the letter states.

He married his longtime partner, Farrell, on June 24, 2008, during the five months it was legal for same-sex couples to marry in the state.

Caldwell and Farrell have been registered domestic partners since Nov. 16, 2002.

After a 2007 policy change, Caldwell said he has had to pay a fee for his husband to travel with him as a “friend.”

That fee has ranged from $35-$300, Caldwell said.

“My concern is that I am legally married under California law,” Caldwell said.

“I just feel our marriage should be respected. I work hard and I want to be treated the same as my colleagues. I want them to provide me with the same things they provide married couples that happen to be straight.”

Caldwell filed a complaint with the California Department of Fair Employment and Housing 11 months ago, but chose to address SkyWest and Delta Airlines directly because the investigation was moving slowly, Borelli said.