How Does the Historic DOMA Decision Impact Employers?
8/28/13 10:00 am EST
The U.S. Supreme Court's ruling in U.S. v Windsor declared a portion of the Defense of Marriage Act (DOMA) unconstitutional, so the federal definition of marriage is no longer a legal union only between one man and one woman. Now, same-sex couples who are legally married must be treated the same as married opposite-sex couples for federal law purposes. This raises several issues for employers related to health insurance, retirement benefits, and FMLA leave for same-sex spouses. As we wait for new federal guidance, learn how to manage these benefits and employment issues during this period of uncertainty. We'll explore how the ruling affects the taxability of welfare benefits, Affordable Care Act coverage, 401(k) and pension plans, and potential employer liability for gender discrimination.