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EEOC May Pursue Federal Right to Equal Coverage for Same-Sex Spouses and Transgender-Related Procedures
Seyfarth Shaw LLPLink to more items from this source
Apr. 2, 2015

"[A recent internal] memo states that the EEOC is interested in litigating charges regarding issues of 'first impression' such as benefit coverage for same-sex couples and insurance benefits afforded to transgender individuals. While ERISA (and other current federal law) does not require benefit plans that provide benefits to opposite sex spouses to provide equivalent coverage to same-sex spouses, the EEOC clearly believes that such a right is found Title VII. The EEOC will likely argue that failure to provide such coverage constitutes sex discrimination because entitlement to coverage turns on the sex of the employee's spouse."

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