News & Analysis as of September 22, 2024

Defense of Marriage Act › Employer Liability Issues

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The Defense of Marriage Act (DOMA) is a United States federal statute enacted in 1996 which defines marriage as a union exclusively between a man and woman for the purposes of federal programs and benefits. In addition, DOMA provides that individual states are not required to recognize marriages between gays and lesbians who are legally married in other states. less -

Second, Eleventh and Seventh Circuits Disagree Whether Title VII Extends to Claims of Sexual Orientation Discrimination

Genova Burns LLC on 4/10/2017

On March 27 the Second Circuit held that Title VII does not provide protection against workplace discrimination based on sexual orientation. In Christiansen v. Omnicom Group Inc., the plaintiff alleged that his employer...more

Seventh Circuit Invites Supreme Court to Make Sexual Orientation Discrimination Actionable Under Title VII

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/26/2016

Bound by its own precedent, the Seventh Circuit Court of Appeals again held that Title VII of the Civil Rights Act of 1964 does not redress sexual orientation discrimination in Hively v. Ivy Tech Community College, (7th Cir....more

Employment Law - July 2015

Manatt, Phelps & Phillips, LLP on 7/13/2015

The Impact of National Same-Sex Marriage for Employers - Why it matters: How will employers feel the impact of the U.S. Supreme Court’s decision in Obergefell v. Hodges? The landmark ruling that the Fourteenth...more

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

Foley & Lardner LLP on 7/8/2015

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 U.S. Supreme Court Finds a Constitutional Right to Same-Sex Marriage: Implications for Employee Benefit Plan Sponsors

Proskauer - Employee Benefits & Executive... on 6/26/2015

On June 26, 2015, the U.S. Supreme Court issued a historic decision in Obergefell v. Hodges, holding that the Fourteenth Amendment’s Due Process and Equal Protection Clauses require states to allow same-sex marriage and to...more

Same-Sex Marriage Issues for Employers

Burr & Forman on 5/13/2015

In the case of Searcy v. Strange, 2015 WL 328825 (S.D. Ala Jan. 25, 2015), the federal Court for the Southern District of Alabama held that Alabama's ban on same-sex marriage is unconstitutional. Alabama news headlines have...more

Employers: How Do Your Retirement Plans Treat Same-Sex Unions?

Polsinelli on 10/28/2014

IRS Issues Long Awaited Guidance on Application of US v. Windsor to Retirement Plans - New IRS guidance means that action is required by employers sponsoring qualified retirement plans if the terms of the plan are...more

Developments Impacting Benefits for Same-Sex Spouses

McDermott Will & Emery on 8/29/2014

As federal and state agencies and courts further examine the implications of the Supreme Court of the United States’ ruling on same-sex marriage in U.S. v. Windsor, the laws and regulations governing employee benefits for...more

DOL Proposes Rulemaking to Amend Definition of "Spouse" for FMLA

Baker Donelson on 7/17/2014

In 2013, the United States Supreme Court held, in U.S. v. Windsor, that the Defense of Marriage Act's limitation of "marriage" and "spouse" to heterosexual couples was unconstitutional. Thereafter, President Obama instructed...more

DOL Issues Notice of Proposed FMLA Rule that Offers Equal Leave Rights to Same-Sex Spouses

Dorsey & Whitney LLP on 7/9/2014

On June 20, 2014, the U.S. Department of Labor (“DOL”) issued a notice of proposed rulemaking regarding the definition of “spouse” under the Family and Medical Leave Act (“FMLA”). If adopted, employees in same-sex marriages...more

DOL Proposes to Extend FMLA Definitions of Spouse to All Same-Sex Marriages

Parker Poe Adams & Bernstein LLP on 6/30/2014

Last Friday, the Department of Labor announced a series of changes to federal regulations intended to expand federal benefits to same-sex spouses. Among the changes are proposed revisions to the definition of “spouse” under...more

U.S. Department of Labor Proposes to Change Rule Regarding Who Is a Same-Sex Spouse under the FMLA

Foley Hoag LLP on 6/27/2014

On Friday, June 20, 2014, the U.S. Department of Labor (“DOL”) announced its intention to change the regulatory definition of who is a “spouse” for purposes of the Family Medical Leave Act (“FMLA”). The impetus for the...more

Same-sex marriage and the FMLA: What you need to know

Constangy, Brooks, Smith & Prophete, LLP on 6/27/2014

As most of you have heard by now, the U.S. Department of Labor has provided a “sneak preview” of a Notice of Proposed Rulemaking on the definition of “spouse” in the Family and Medical Leave Act. The proposed changes would...more

FMLA Benefits May Be Extended for Same-Sex Spouses

Obermayer Rebmann Maxwell & Hippel LLP on 6/25/2014

Under current law, an eligible employee may take leave under the Family Medical Leave Act (FMLA) to care for a same-sex spouse only if they reside in a state that recognizes same-sex marriage. If the employee lives in a state...more

DOL Proposes To Amend FMLA’s Definition of ‘Spouse’

Ballard Spahr LLP on 6/24/2014

A year after the Supreme Court struck down Section 3 of the Defense of Marriage Act in United States v. Windsor, the U.S. Department of Labor (DOL) has proposed to amend its regulations under the Family and Medical Leave Act...more

What's New Under the Defense of Marriage Act?

Shumaker, Loop & Kendrick, LLP on 6/16/2014

A major reason that employee benefits, such as employer- provided healthcare and retirement plans, exist is that they provide a tax-advantaged way for an employer to provide additional compensation to an employee, her spouse,...more

Is It Time To Review, Retest, Or Amend Your Employee Benefit Plans? IRS Provides Same Sex Marriage Guidance For Retirement Plan...

Carlton Fields on 4/15/2014

On June 26, 2013, when the Supreme Court determined that Section 3 of the federal Defense of Marriage Act (DOMA) was unconstitutional, the tax and benefit plan implications were unclear. Later, in Revenue Ruling 2013-17, the...more

What To Do About DOMA? Recent U.S. Supreme Court Case Carries Significant Implications For Employee Benefit Plans - Employers Need...

Sherman & Howard L.L.C. on 7/19/2013

On June 26, 2013, in U.S. v. Windsor, the U.S. Supreme Court held that Section 3 of the Defense of Marriage Act ("DOMA") was unconstitutional. Section 3 of DOMA provided that, for the purpose of any federal law, "marriage"...more

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Defense of Marriage Act › Employer Liability Issues

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