"A same-gender couple had argued that, in light of U.S. v. Windsor, because the plan declined to cover the spouse, the employer interfered with the attainment of benefits. However, the court noted, that only narrower ERISA claims were the focus of the lawsuit -- not other federal laws or constitutional issues. As such, as ERISA currently stands, employers have the right to design their plans as they see fit -- as long as someone's employment is not adversely affected." [Jane Roe and Jane Doe v. Empire Blue Cross Blue Shield and St. Joseph's Medical Center, No. 12-cv-04788 (S.D.N.Y. May 1, 2014).]  MORE >>