b'spouses, the employer will have to review the self-fundedsex individuals who are legally married and does not address health plans definition of spouse to ensure the plan does notsame sex or opposite sex domestic partners. Employers who define spouse by simply referencing state law. accord benefits for same sex unmarried domestic partners Even employers with self-funded health plans may be onmay deem the according of such to the unmarried partner shaky ground if they continue to exclude same sex spouses. no longer appropriatehowever those partners may, of Title VII of the Civil Rights Act does not specifically prohibitcourse, marry in all 50 states.No clear expression of the law private employers from discriminating against employeeson this point currently exists.This decision is too new to fully based on sexual orientation or gender identity and theunderstand all of its ramifications and each employer should Obergefell decision does not broaden Title VIIs protections. carefully monitor developments. But, lesbian, gay, bisexual, and transgender (LGBT)Employers Take Action Now!stereotyping may give rise to a gender discrimination claim. Review your HR policies, practices and benefit programs for The Equal Employment Opportunity Commission (EEOC)compliancehas issued internal guidance directing its investigators to accept and pursue charges of discrimination based on sexualModify your FMLA policy to ensure coverage for same sex orientation as a form of sex discrimination.Moreover,married couples but not necessarily unmarried domestic various state and local laws specifically bar employers frompartnersdiscriminating against employees based on sexual orientation. Re-interpret your COBRA benefit continuation coverage It is likely the Obergefell ruling will further spur the EEOC toprovisionschallenge employers who deny coverage to same sex spousesTreat all married couples equally with respect to leave on the basis of gender bias. policies, retirement plans and other employer sponsored The proposed Employment Non-Discrimination Act wouldbenefit programsall state and city tax laws mustIf any of your policies or plans specifically reference now treat same sex and oppositeopposite-sex marriage, modify suchIf your states insurance law requires employers to provide sex married couples the same asspousal coverage, make sure same sex and opposite sex do federal tax laws spouses are treated the samebring LGBT individuals within the protected classes of theReview your pension plans spousal entitlement to joint and Civil Rights laws for private employers and the possibilitysurvivor annuities and your 401(k) plan default beneficiary of enactment in the future appears enhanced by the Courtsprogramsdecision and the current political environment.FederalUpdate personnel/payroll records including W-4 Executive Order 11246 is being used currently to prohibitwithholdingdiscrimination by government contractors on the basis ofWatch for further developments published by Dunlevey, sexual orientation and gender identity through the OFCCPsMahan & Furry and consult with your labor and interpretive rules of Executive Order 13672Prohibitingemployment law counselDiscrimination Based on Sexual Orientation and GenderGovernments June 30th Deadline for Individual Health Identity for Government Contractors and Subcontractors. PoliciesThe Courts ruling will, however, make plan administrationWe have reported before that employers may no longer pay easier.Each state and municipality has its own tax laws. for employees individual health policies on a pre-tax or post However, all state and city tax laws must now treat same sextax basis.The government gave small employers (i.e. those and opposite sex married couples the same as do federal taxwith less than 50 employees) until June 30, 2015 to stop that laws.As a result, the tax treatment of employee benefits willpractice.See this article on the rules.now be uniform across all levels of government.The following is an article about the Courts Obergefell decision.https://news.leavitt.com/health-care-reform/no-penalties-through-http://s3-us-west-2.amazonaws.com/lockton-corporate-website/ june-30-2015-for-premium-reimbursement-plans-of-small-employers/Compliance-Alerts/20150626_SSM_Court_Decision_Final.pdf The penalty for noncompliance is $100 per day (or $36,500 The Obergefell decision also validates the Department ofper year) for each employee.Labors earlier FMLA regulations which modified the definition of spouse to include same sex spouse.The FMLA now clearlyDunlevey, Mahan & Furry provides comprehensive legal services to applies to same sex spouses and same sex parents caring fordiscerning businesses throughout the United States.Areas of focus their children. include business, employment and construction law.Visit our Note that the Courts ruling has no impact on the treatmentwebsite at www.dmfdayton.com.of domestic partners.That is, the ruling only applies to same www.mrca.orgMidwest Roofer 21'