Being proud of your benefits.

Byline: Bridgetower Media Newswires

Pride month is as great a time as any for an employer to revisit its benefit programs and policies to ensure that the benefits being offered not only comply with the dynamic legal landscape, but also align with the employer's intention on LGBTQIA+ inclusivity and equality. Certain practices or benefit policies may seem neutral on their face, but operate in a potentially discriminatory manner. A few examples may include benefit plan eligibility, health plan fertility and transgender services:

BENEFIT PLAN ELIGIBLITY

Our benefit plans only extend benefits to spouses, not domestic partners. Isn't this OK since all states now recognize same sex marriage?

Maybe. While the Supreme Court's 2015 decision struck down all state bans on same-sex marriage and ruled that marriage is guaranteed to same sex couples by both the Due Process Clause and the Equal Protection Clause, certain plan sponsors/employers have continued to allow domestic partner coverage for health and other welfare benefits.

Why is this potentially important now that same sex marriage is allowed in all states? As many as 30 states still do not specifically prevent/protect against sexual orientation discrimination (e.g., in housing and employment matters). Thus, there are some real remaining risks in "coming out" and being officially married (rather than being "roommates" or "friends") that are not protected in all states.

As a quick reminder, the Affordable Care Act (ACA) mandates that certain employers (generally those with at least 50 full-time equivalent employees) either choose to offer coverage for employees and their dependents, which can include a child or other qualifying relative an employee claims on their annual tax return but not spouses or pay a tax. Thus, while there is no legal requirement to offer health benefits to domestic partners (or even any spouses for that matter), this may be considered a "best practice" unless/until a law such as the Equality Act is enacted.

The Equality Act is a piece of legislation that would expand protections of LGBTQIA+ people by amending certain civil rights laws including the Civil Rights Act of 1964, the Fair Housing Act, the Equal Credit Opportunity Act, the Jury Selection and Services Act, and several laws regarding employment with the federal government to explicitly include sexual orientation and gender identity as protected characteristics. The Equality Act is awaiting a vote in the Senate as...