Marital Status

News & Analysis as of

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

Marital Status Discrimination

During a recent conversation with an experienced business lawyer, it became clear that, despite his representation of companies in several states, he was unfamiliar with the concept of marital status discrimination. That got...more

Marriage and SSD benefits

Most Chicago residents know that changes in living situation, such as increases in income or a return to work, can affect a person’s eligibility for Social Security Disability benefits. ...more

Eighth Circuit Opens Circuit Split on the Scope of the Equal Credit Opportunity Act

The Equal Credit Opportunity Act (ECOA) makes it unlawful for any creditor “to discriminate against any applicant, with respect to any aspect of a credit transaction . . . on the basis of . . . marital status.” The statute...more

8th Circuit Rules ECOA Does Not Apply to Guarantors of Loans

After argument before the U.S. Court of Appeals for the 8th Circuit in Hawkins v. Community Bank of Raymore, Case No. 13-3065, Lathrop & Gage attorneys Tom Stahl, Greer Lang and Justin Nichols obtained a ruling that the Equal...more

New Jersey Appellate Division Holds That the NJLAD Prohibits Discrimination Against Employees in the Process of Being Divorced

In Smith v. Millville Rescue Squad, 2014 WL 2894924 (App. Div. June 27, 2014), the Appellate Division held that the New Jersey Law Against Discrimination’s (NJLAD) prohibition against discrimination based on “marital status”...more

Who Is Houston’s New “HERO”? Houston City Council Passes Sweeping Equal Rights Ordinance

On May 28, 2014, the Houston City Council passed the controversial Houston Equal Rights Ordinance (“HERO”) by a vote of 11 to 6. HERO expands the “protected classifications” beyond those currently provided by federal or Texas...more

New IRS Guidance Regarding Same-Sex Spouses: Employer Action Needed

On June 26, 2013, the U.S. Supreme Court, in the landmark case, United States v. Windsor, found the provisions of that portion of the “Defense of Marriage Act” (“DOMA”) which provided that only opposite-sex individuals could...more

Equal Tax Treatment for Same-Sex Couples in the Wake of Recent Supreme Court Ruling and IRS Guidance

Same-sex marriages now are being recognized under federal tax law for the first time. In June 2013, the Supreme Court released its decision in United States v. Windsor, 530 U.S. 12 (2013), declaring Section 3 of the federal...more

Tax Law Blog: IRS Statement on DOMA and Tax Tips for Newlyweds

On June 26, the United States Supreme Court ruled a portion of the Defense of Marriage Act (DOMA) was unconstitutional. A full explanation of the article is available on a prior post. Experts in the tax realm have mixed views...more

Okay For Health Plan To Cover Same Sex But Not Opposite Sex Domestic Partners

I have always been interested in the intersection of employment law and benefits law....more

And That's What Civility Is For

Whatever the reason, ending a marriage may be a very painful process. The spouse was unfaithful, suffered from addiction, or was abusive to your client or the children. While in California we do not assign “fault” during ...more

Tax Law Blog: Are Holiday Weddings a Form of Tax Planning?

Your marital status for tax purposes is determined as of December 31. That means if you get married on New Year's Eve, you are considered married for the entire year and can file as a married couple....more

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