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Federal District Court (In Its Capacity As An Employer) Must Reimburse Employee for the Cost of Health Benefits for Her Same-Sex Domestic Partner
Proskauer's ERISA Practice Center Dec. 18, 2013 "[The Ninth Circuit] Judicial Council held that the denial of benefits violated Oregon's nondiscrimination law because the clerk and her partner were being treated differently from opposite sex partners who could marry and receive spousal health benefits from the federal government. The Council found that, while 'Oregon's statutory scheme purports to confer upon same-sex domestic partners the same rights and legal status as those conferred on married partners,' in actuality it does not, since those partners are denied benefits provided to married couples.... [This] decision has far-reaching consequences inasmuch as it appears to require federal government employers to provide health benefits to unmarried same-sex domestic partners who reside in states that provide them with rights equivalent to marriage, even though Windsor only conferred rights on married partners (and has been interpreted as not applying to couples in domestic partnerships and civil unions)." |
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