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Marriage Equality Ruling Also Impacts HR Policies

The U.S. Supreme Court declared same-sex marriage to be legal in all 50 states. While the ruling may not change most existing HR practices, some companies may need to revisit both their HR and legal policies – especially when it comes to applying benefits to married (and perhaps unmarried) same-sex couples. So reports Corporate Counsel.

Now that the definition of “spouse” has changed nationwide, even in states that didn’t recognize same-sex marriage prior to the high courts’ ruling, changes in paperwork will be needed to ensure that married LGBT couples receive the same benefits as married heterosexual employees.

Further, companies that previously recognized same-sex unions and granted benefits to partners may not be willing to offer them to unmarried couples going forward. While that will no doubt be a subject of debate in many HR circles, employers can expect less confusion regarding state taxes, particularly where health benefits are concerned.

Another area that likely won’t create more bureaucratic headaches for HR departments is the Family and Medical Leave Act, because the U.S. Department of Labor had already decreed last March that the law would be applied equally to LGBT couples based on the “state of celebration” of their marriage, regardless of their state of residence.

At the same time, while the marriage ruling was a giant step forward for the LGBT community, it doesn’t provide protection from discrimination in the workplace on a national basis (even though many states and individual companies already do). That may be the next cause célèbre for this administration, which has already tried and failed to pass such a law.

Read the full article from Corporate Counsel.

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