Since 2013, same-sex couples have been able to be legally married in Maryland. This development in conjunction with the U.S. Supreme Court’s ruling that declared parts of the Defense of Marriage Act unconstitutional have resulted in an environment where gay and lesbian couples have more rights and protections than ever.
However, some companies have been slow to update their policies regarding LGBT workers and their rights as employees. One such issue that has arisen as a result is the potential for workers in same-sex marriages to face discrimination when trying to access benefits.
For example, this article in The Atlantic recently discussed the challenges that two women have been facing since getting legally married. Both women worked for Walmart and were receiving individual benefits as a result of their employment. However, when one of them left to care for her sick mother-in-law, they found that the company refused to extend health coverage to her as a non-employee, even though her wife was covered. This proved to be devastating when the non-employee was diagnosed with ovarian cancer.
Eventually, the company updated their policies to allow members of same-sex marriages to be covered in the same way as any other spouse. Unfortunately, the decision came too late to help the women avoid huge medical bills that were racked up as a result of not having insurance.
This is just one example of how companies have been slow to revisit their policies in order to be in line with changing laws. Similar situations have resulted in many employees arguing that a company’s failure to extend benefits to same-sex spouses in legal marriages is discriminatory.
Before laws were passed and certain restrictions were shot down by the Supreme Court, many same-sex couples were not able to access the same type of health care benefits as their co-workers in opposite-sex relationships. Now, however, LGBT couples in legally protected marriages should have access to the same employment benefits as any other married couple.
If an employer is accused of wrongfully withholding benefits against someone based on gender, race, religion or other reason, there may be grounds for an employee to file a discrimination lawsuit. As we have discussed in this blog post, however, the laws and protections are complicated and can vary from state to state, so speaking with an attorney about an individual case can be crucial.