While OFCCP’s Final Rule (i.e. regulation) making discrimination based on “sexual orientation” (and “gender identity”) unlawful (what I will refer to below for brevity’s sake as the OFCCP’s LGBT[1] Rule”) include only three Affirmative Action requirements[2], the Rule’s non-discrimination law requirements are considerably more complex. This is especially true as applied to questions of benefit eligibility for same sex married couples. Here are the four different scenarios federal contractors and employers could confront. Your challenge is to determine which scenario applies to your company.
While OFCCP’s Final Rule (i.e. regulation) making discrimination based on “sexual orientation” (and “gender identity”) unlawful (what I will refer to below for brevity’s sake as the OFCCP’s LGBT[1] Rule”) include only three Affirmative Action requirements[2], the Rule’s non-discrimination law requirements are considerably more complex. This is especially true as applied to questions of benefit eligibility for same sex married couples. Here are the four different scenarios federal contractors and employers could confront. Your challenge is to determine which scenario applies to your company.
SUMMARY: One or more of three different legal obligations, discussed below, may entitle lawfully married same-sex couples to enjoy employment benefits (such as dependent/family medical or life insurance) from their employer (covered by Title VII of the 1964 Civil Rights Act) or from their employer which is also a federal contractor (covered by Executive Order 11246). Conversely, small closely held corporations which are faith-based may be immune to LGBT obligations. We first summarize these four scenarios below and thereafter go into greater depth as to each one.
-Scenario 1: federal law: Executive Order 11246 and/or Title VII may provide same sex couples… Read more.
THIS COLUMN IS MEANT TO ASSIST IN A GENERAL UNDERSTANDING OF THE CURRENT LAW AND PRACTICE RELATING TO OFCCP. IT IS NOT TO BE REGARDED AS LEGAL ADVICE. COMPANIES OR INDIVIDUALS WITH PARTICULAR QUESTIONS SHOULD SEEK ADVICE OF COUNSEL.
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