Tag: same-sex marriage

Question: We have an employee who has refused to issue marriage licenses to same-sex couples due to her religious beliefs. She has asked to be moved to another position, but we currently do not have any openings. Are we obligated to create another position, or can we release her if she refuses to conduct the…

On June 4, 2018, the Supreme Court of the United States (SCOTUS) ruled in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission in favor of the religious rights of a Colorado baker. The baker, Jack Phillips, refused to make a wedding cake for a same-sex couple’s wedding celebration because of his religious opposition to same-sex…

Question: Does Illinois recognize same sex marriage/domestic partner relationships for benefit and policy coverage purposes? Answer: Yes. On November 20, 2013, Illinois signed into law the Religious Freedom and Marriage Fairness Act (S.B. 10) which became effective as of June 1, 2014. The law recognizes marriages between individuals of the same sex and extends to same-sex…

by Dana Barbato, SPHR, ThinkHR On June 20, 2014, the U.S. Department of Labor announced a proposed rule that would extend the protections of the Family and Medical Leave Act (FMLA) to all eligible employees in legal same-sex marriage in light of the United States Supreme Court’s decision in United States vs. Windsor, which found…

Question: Is it discriminatory if an employer requires a domestic partner affidavit for same sex marriages but does not require marriage certificates for opposite sex married employees? Answer: The best practice would be consistency in the application of your employee policies relating to documentation requirements so as not to create the appearance of different treatment for different…

Question: Is it considered a permissible mid-year election change qualifying event to add legally-married same sex spouses to a company’s group health plan? Answer: The Internal Revenue Service (IRS) issued guidance with respect to federal tax law (including cafeteria plans and permissible election changes) following the Supreme Court’s ruling in United States v. Windsor.   The Department…

By Rick Montgomery, JD, Senior Legal Editor for ThinkHR Corporation On September 23, 2013, the U.S. Department of the Treasury and the Internal Revenue Service (IRS) issued Notice 2013-61, which provides additional guidance regarding changes to federal tax law stemming from the Supreme Court’s decision in Windsor v. United States.  In Windsor, the Supreme Court…

Question: Are employers located in states that DO NOT recognize same-sex marriage now required to grant access to health care benefits to the spouses of employees in legal same-sex marriages (entered into elsewhere), if they grant health benefits to spouses in opposite-sex marriages?  Are self-funded and fully-funded plans in states that DO recognize same-sex marriage…

Question: Can a company provide FMLA leave for same-sex marriages or relationships even if the state does not require it? Answer:  An employer is always free to do more than what the law requires, (e.g. grant leaves to those who wouldn’t normally be eligible under FMLA).  However, some of the “legal” protections may not apply….

By Laura Kerekes, Chief Knowledge Officer for ThinkHR Corporation Following up with the promise to issue clarifying guidance after the Supreme Court overturned the Defense of Marriage Act on June 26, 2013, the U.S. Department of the Treasury and the Internal Revenue Service announced on August 29th that same-sex couples, legally married in jurisdictions that…