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The Impact Of Obergefell On Employee Benefits

Prior to the Obergefell decision, the U.S. Supreme Court, in U.S. v. Windsor, struck down Section 3 of the Defense of Marriage Act (DOMA), which mandated that federal laws only recognize opposite-sex marriages. As a result of...more

Two Months after Same-Sex Marriages Held Constitutional, Where are the Courts Headed on the Unanswered Questions?

On June 26, 2015, the United States Supreme Court issued its monumental decision in Obergefell, et al. v. Hodges, et al.; Case No. 14-556, holding that state bans of same-sex marriages are unconstitutional. Specifically, the...more

“Opt Out” Accommodation Under Affordable Care Act Validated After Challenge from Religious Objectors

In what continues to be a controversial and developing area of employment law, a federal appellate court recently validated the Affordable Care Act’s (ACA) “opt out” provision, finding that requiring nonprofit employers to...more

Manatt on Medicaid: Impact of Obergefell v. Hodges on Healthcare Coverage for Same-Sex Couples

In a 5-4 ruling in Obergefell v. Hodges released on June 26, 2015, the Supreme Court held that same-sex marriage is a fundamental right guaranteed by the 14th Amendment of the United States Constitution, expanding the right...more

Court Rejects The EEOC’s Novel Attempt To Impose Disparate Treatment Liability Without Any Injury

In EEOC v. Autozone, Inc., Case No. 14-CV-5579 (N.D. Ill. Aug. 4, 2015), Judge Amy St. Eve of the U.S. District Court for the Northern District of Illinois granted summary judgment in favor of the defendant and against the...more

Impact of the Same-Sex Marriage Decision on Employee Benefit Plans

In Obergefell v. Hodges, the Supreme Court held that states may not deny same-sex couples the right to marry, finding that doing so violates the Fourteenth Amendment. Writing for the five-justice majority, Justice Kennedy...more

If At First You Don’t Succeed, Plead, Plead Again…

In Wynn, et al. v. The New York City Housing Authority 14 Civ. 2818 (S.D.N.Y. July 29, 2015), several employees (who were either African-American or Hispanic) alleged that their employer, the New York City Housing Authority...more

Right to Marry But Not to Work? Pennsylvania Catholic School Terminates Gay Married Teacher

Last month, Waldron Mercy Academy, a K-8 Catholic school located in Merion, Pennsylvania, fired Margie Winters from her position as Director of Religious Education, a job she had held for 8 years. According to Ms. Winters,...more

The Final Resolution of EEOC v. Abercrombie & Fitch After the U.S. Supreme Court’s Decision

The EEOC issued a press release on July 20, 2015 announcing that the federal appeals court has dismissed Abercrombie & Fitch’s (“AF”) appeal of the EEOC’s religious discrimination case because AF made the decision to settle...more

The Obergefell Decision and Employers

The recent United States Supreme Court decision in Obergefell v. Hodges significantly altered the legal landscape with respect to same-sex marriages, finding that the Fourteenth Amendment to the United States Constitution...more

Employee Benefits After The Supreme Court’s Same-Sex Marriage Decision

The Supreme Court’s recent decision in Obergefell v. Hodges establishes a national right to same-sex marriage and requires states to recognize same-sex marriages performed in other states. Generally speaking, this...more

Same-Sex Marriage and Employment Discrimination: The Future of Sexual Orientation Bias Claims

On June 26, 2015, the Supreme Court of the United States legalized same-sex marriage throughout the country. In Oberfell v. Hodges, the Court held that Section 1 of the Fourteenth Amendment – commonly referred to as the Equal...more

This Week In Employment Law, With A Lick And A Promise

It’s been a hectic week for me (I have a trial coming up), and so here are some links to employment law blog posts and workplace news items that I hope will entertain and edify....more

Supreme Court Decision Entitles Married Same-Sex Couples to Spousal Leave under the FMLA

On June 26, 2015, the U.S. Supreme Court issued its ruling Obergefell v. Hodges, giving same-sex couples the right to marry in all 50 states. The Court held that the U.S. Constitution requires states to license a marriage for...more

Obergefell Decision Opens The Door For Anti-Discrimination Litigation

On June 26, 2015, on the second anniversary of United States v. Windsor, the United States Supreme Court, in a 5-4 decision, held that under the Fourteenth Amendment no state could deny same-sex couples the right to marry or...more

So Same-Sex Marriage Is Legal … Now What? Important Decisions Employers Face Now

In Obergefell v. Hodges, the U.S. Supreme Court held that the 14th Amendment to the Constitution requires all 50 states to license marriages between same-sex couples and to recognize same-sex marriages performed out-of-state....more

The Supreme Court’s Same-Sex Marriage Ruling & Its Employment Implications

Unless you’ve been living under a rock, you probably are well aware that on June 26, 2015, the U.S. Supreme Court ruled that same sex couples have a constitutional right to marry and have their marriages recognized across the...more

The Gay Marriage Decision: Support for Title VII Employment Discrimination Claims?

Following the excitement of the same-sex marriage decision by the U.S. Supreme Court on June 26th, the question remains how much the Opinion may impact Title VII employment discrimination claims. Based on our reading of the...more

Supreme Court Affirms Marriage for Same-Sex Couples

On June 26, 2015, in Obergefell v. Hodges, the Supreme Court of the United States affirmed once and for all that the right to marry is a fundamental right and therefore, no State may deprive a same-sex couple of that right,...more

Monthly Benefits Alert - June 2015

Supreme Court - As explained in more detail in separate alerts we issued over the past several days, the Supreme Court decided two major cases involving the Affordable Care Act and same-sex marriage. First, as described...more

FMLA’s Expanded Definition of “Spouse” Now Effective in All States

As discussed in our prior article, the U.S. Department of Labor (DOL) promulgated a final rule on February 25, 2015 that, effective March 27, modified the federal Family and Medical Leave Act’s (FMLA) definition of “spouse”...more

Same-Sex Marriage Ruling - What Does It Mean for Employee Benefit Plans?

In a 5-4 decision announced last Friday, the U.S. Supreme Court held in Obergefell v. Hodges that all states are required to recognize same-sex marriages. This ruling follows the Supreme Court’s 2013 decision in U.S. v....more

If Your Baristas Can Show Off Their Tattoos, Will Your Employees Be Next?

Coffee giant Starbucks recently announced a major change to its dress and appearance policy, allowing baristas to visibly display tattoos for the first time in the company’s 44-year history. The company decided that employee...more

U.S. Supreme Court Issues Ruling Favorable To Employers Involved In Disparate-Impact Litigation

On June 25, 2015, the U.S. Supreme Court issued a 5 to 4 ruling in Texas Dep’t of Housing & Community Affairs v. Inclusive Communities Project, Inc., No. 13-1371 (2015). Now that the dust has settled from the Supreme Court’s...more

Same Sex Marriage: Effect on Benefits

The United States Supreme Court recently held in Obergefell v. Hodges http://www.supremecourt.gov/opinions/14pdf/14-556_3204.pdf that all states must recognize and allow marriages between same sex partners. Depending on an...more

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