The U.S. Supreme Court’s historic ruling on the Defense of Marriage Act this week has implications beyond marriage.
DOMA would not have afforded federal benefits to gay couples, even those who were married in their home states. The Supreme Court determined this practice was unconstitutional under the Fifth Amendment. Considering the large number of federal employees who live in the District of Columbia and Maryland — both jurisdictions where gay marriage is legal — many governmental employers in this region of the country may now have to update their employment agreements and contracts.
However, employment law attorneys might also have anticipated another affected group of Maryland employers: those with self-funded insurance plans. Such plans might fall under the jurisdiction of the federal Employee Retirement Income Security Act. To the extent that ERISA laws require coverage to be offered to a worker’s same-sex spouse, private employers may also be affected.
Employee pension or insurance plans are often codified in standardized employment contracts or employee handbooks. As a result, changing the terms in such publications has a potentially company-wide impact. Since ERISA litigation can be costly and time consuming, a preventative approach might save both time and money. In that regard, an employment law attorney might have insights in accord with the latest developments in this area of the law.
Employment-based claims involving disputed employee benefits can also be bad press for employers. Retirement or disability benefits, arising out of same-sex coverage issues, may especially be a hot media topic right now. For that reason, employers are advised to review their employment documents for compliance.
Source: marylandreporter.com, “State Roundup,” June 27, 2013