Supreme Court decision on the fundamental right to marry by same-sex couples: What does this mean for an employer?
On Friday, June 26, the Supreme Court's decision in Obergefell vs. Hodges, held that same-sex couples have a fundamental right to marry and there is no lawful basis for states to refuse to recognize a lawful same-sex marriage performed in another state. This decision could have far reaching implications for employers who have operated under various federal and state laws that regulate the legal and tax treatment for same-sex unions.
What does the ruling mean for employers?
Many employer's benefits are based upon marital status, including retirement and health care plans and policies. Employers should take the time to review and update their practices and policies that could be impacted by this decision. This includes policies that reference 'spouse' and any gender specific policies that identify a spouse as man or woman. These policies including FMLA, leave policies, bereavement and others should be updated to include the Supreme Court's definition of marriage.
The decision does not affect federal rights employees are already receiving, as they are protected under previous rulings. However, the ruling impacts state law rights that apply to married couples that will now include same-sex marriages. These rights include laws that apply to benefits, leaves of absences, property rights and others. Employers should review their handbook to update any reference to these state laws.
For employers the decision has made it easier in two areas. First, companies with site in two or more states will be able to have national policies on leaves of absence and similar issues. Secondly, the tax implications are equalized. Previously, there were an array of federal and state tax laws for same-sex couples. Now, for federal and state tax purposes, there will be no difference in tax benefits for married couples- opposite or same-sex- that an employer must administer.
If you have questions about how the Supreme Court decision impacts your policies, or would like to discuss a specific policy or practice you have at your establishment, please contact one of Barrett McNagny's Employment attorneys listed below.