Employers Rethink Benefits After Gay Marriage Ruling - McDermott Will & Emery

Employers Rethink Benefits After Gay Marriage Ruling

Overview


Todd Solomon said employers that continue to exclude same-sex spouses from benefit coverage “need to be mindful of the legal risk,” while “if the employer also covers opposite-sex unmarried partners, it is unlikely to eliminate any coverage because it already covers a set of unmarried employees who have had the ability to marry.” Mr. Solomon added, “If the employer covers only same-sex unmarried partners, it might deem it most fair to require those employees to marry in order to retain their benefits.” Read the full article