The U.S. Supreme Court’s same-sex marriage ruling in Obergefell v. Hodges has caused employers to reanalyze their benefit structures. Seems a blast of the obvious, right? Of course employers now must include in the definition of “spouse” any legally married, same-gender spouse for benefit coverage (i.e., Family and Medical Leave Act time, paid sick time, bereavement, health insurance coverage, survivorship benefits in pension plans, etc.). But the highly publicized ruling is having some unexpected, and even unintended, effects on workplace benefits.
Employers now face arguments for retroactive coverage and are considering whether to extend benefits only to legally married spouses, eliminating those previously offered to employees’ domestic partners. An added aspect of the ruling relates to cultural tensions that certainly will heighten in the workplace.
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