EEOC Ruling on Sexual Orientation Impacts Same-Sex Spouse and Domestic Partner Benefits

Nancy K. Campbell • August 27, 2015

In our July 2, 2015 blog, Obergefell v. Hodges – Same-Sex Marriage Now Legal in All 50 States , we indicated that employers may need to offer same-sex spouse health and welfare benefits and rethink domestic partner benefits in order to avoid discrimination claims.  Shortly after posting that blog, the Equal Employment Opportunity Commission (the “EEOC”) ruled that an allegation of sexual orientation discrimination inherently constitutes sex-based discrimination under Title VII of the Civil Rights Act.  See Complainant v. Foxx, EEOC Agency No. 2012-24738-FAA-03 (July 16, 2015).  While the EEOC’s ruling is not binding on private employers, employers should be aware that courts may give weight to the EEOC’s viewpoint.

In light of this ruling, employers may wish to consider expanding health and welfare benefits to provide same-sex spouses with equal benefits as are given to opposite-sex spouses.  Furthermore, because Title VII’s protections apply equally to heterosexual, as well as lesbian, gay, bisexual, and transgender employees, employers who continue to provide domestic partner benefits only to same-sex couples may be open to discrimination claims by opposite-sex domestic partners.  Employers might either expand domestic partner benefits to include opposite-sex domestic partners or eliminate domestic partner benefits, other than those required by state law.  For the Foxx ruling, click here.

Employee burnout: what it is and how to prevent it

By Mardy Gould • May 24, 2024
Employee burnout has become an epidemic in today’s modern workplace. So much so that the World Health Organization (WHO) officially recognizes it as an “occupational phenomenon.”1 While many used to consider mounting workplace stress an individual employee problem, these days, it’s become an employer’s responsibility to prevent burnout before it hurts productivity and business performance—not to mention your employees’ physical and mental health. Luckily, you can prevent burnout from affecting your workforce in several ways. This article will explore the causes and signs of employee burnout and the steps you can take to create a positive work environment where employees feel safe from toxic stress levels.

Form 720 and PCORI fee FAQs

By Mardy Gould • May 23, 2024
If you're a small business owner, you may have heard of the acronym PCORI and the fees that come with it. But what is PCORI, and how does it apply to your organization? Under the Affordable Care Act (ACA), sponsors of self-insured health plans must pay a fee to fund the federal Patient-Centered Outcomes Research Institute (PCORI). PCORI is an independent organization the ACA created to conduct research to help healthcare consumers make better decisions for their specific needs and outcomes. It also performs research related to clinical effectiveness. Employers offering a self-insured medical reimbursement health plan, such as a health reimbursement arrangement (HRA), must pay this fee by July 31 each year via Form 7201. This fee was initially set to expire in 2019, but Congress extended it through September 30, 20292, due to the Further Consolidated Appropriations Act of 20203.
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