Protecting Gay Workers a Best Practice, DOJ Report Shows - McDermott Will & Emery

Protecting Gay Workers a Best Practice, DOJ Report Shows

Overview


Todd Solomon said a potential Obama Administration order that federal contractors cannot discriminate against workers based on sexual orientation or gender identity could mean “companies that are not treating same-sex married couples the same as opposite-sex couples are definitely susceptible to legal action. I wouldn’t go overboard and say an employer is legally required to do it, but I would definitely exercise extreme caution around this issue given the current legal climate.” Mr. Solomon called self-insured health plans an example where employers that do not recognize same-sex marriages could face legal challenges, adding that non-discrimination “is becoming a best practice.”