On June 26, 2015, The Supreme Court, in Obegerfell v. Hodges, ruled in a 5 to 4 decision that the Due Process Clause and Equal Protection Clause of the Constitution require all states to allow same-sex marriages. Justice Anthony Kennedy wrote the opinion for the court, and stated “same-sex couples may exercise the fundamental right to marry in all States [and] that there is no lawful basis for a state to refuse to recognize a lawful same-sex marriage performed in another State on the ground of its same-sex character.”
This landmark decision will have significant effects on employers. First, many benefits and rights granted to employees by the Family and Medical Leave Act (“FMLA”) can be expected to change to include same-sex couples. Medical insurance coverage and taxes will change, and employers will have to prepare accordingly by making changes in their policies and contracts.
Additionally, it is expected that there will be an increase of lawsuits under Title VII of the Civil Rights Act of 1964. Specifically, claims involving transgender, sexual orientation, and gender discrimination will increase. Also, discrimination based on marital status may create lawsuits in certain states under state anti-discrimination laws.
Employers will also have to change their employee handbooks to extend the rights of opposite-sex spouses to same-sex spouses. Employers must also revise their enrollment processes by modifying consent and eligibility forms to comply with the Supreme Court holding.
The U.S. Department of Labor and the Internal Revenue Service (“IRS”) are expected to issue guidance regarding the employee benefit plan issues that stem from the Obergefell ruling.
The employment lawyers at Fitapelli & Schaffer, LLP are strongly committed to protecting the rights of hard working people seeking employment. We frequently represent workers who are discriminated against in the workplace. Please contact us at (212) 300-0375 to schedule a free consultation to discuss your rights. For more information, please visit our website at www.fslawfirm.com.