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Group Health Plans for Same-Sex Spouses: Equal Treatment Required or Not?
McAfee & Taft 
Nov. 4, 2014
"[O]ffering group health benefits to traditional 'spouses' while denying those same benefits to same-sex couples would likely result in litigation under Title VII and possibly even state discrimination laws.... [In] one case, Hall v. BNSF Railway Co., ... a plaintiff employee had already successfully made such a claim.... Employers that offer group health insurance coverage to opposite-sex spouses would be well-advised to seriously consider expanding that right to all legally married employees, or face the risk of a claim under Title VII."
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