Do employers have to offer the same benefits to same-sex spouses as opposite-sex spouses?
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Do employers have to offer the same benefits to same-sex spouses as opposite-sex spouses?
The religious organization that I work for in Maryland refused to provide health
insurance to my same-sex spouse even though they offer it to opposite-sex
employee spouses. I was not informed of this policy when I was hired.
Asked on February 4, 2019 under Employment Labor Law, Maryland
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
In your state (Maryland), yes, your employer must provide the same benefits to same-sex married couples as to opposite-sex married couples. 1) As you undoubtedly know, same sex marriage is legal in MD; and 2) MD law prohibits discriminating against employees--so treating them differently or worse--on the basis of sexual orientation. Therefore, the same benefits must be offered to same-sex couples as opposite-sex couples. Here is a link to the state commission on civil rights, to whom you may wish to make a complaint: https://mccr.maryland.gov/Pages/Employment-Discrimination.aspx
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