On June 26, the Supreme Court issued a ruling on DOMA that had media outlets and social networking sites abuzz. The ruling, which was a step toward recognizing marriage for same-sex couples, creates a number of challenges for human resources departments.
The Supreme Court's ruling struck down Section 3 of DOMA, or the Defense of Marriage Act. Section 3 of the act limited the definition of marriage under federal law to opposite-sex unions. The ruling paved the way for same-sex marriages to be considered legal under federal law. However, the Court left Section 2 of DOMA intact. Section 2 keeps the ultimate decision regarding same-sex marriages at the state level, and it's this detail that may cause difficulty for human resources departments.
Depending on what state your company operates in and whether your employees live in multiple states, the ruling on DOMA may necessitate a change in your HR policy. From next of kin rules to the administration of benefits, policy changes may be required to incorporate a new definition of marriage. Same-sex spouses could be eligible for health insurance and surviving-spouse benefits. The DOMA ruling also expands coverage under the federal Family and Medical Leave Act, or FMLA. If your company is based in one of fourteen states that recognize same-sex marriage, you review all benefits and policies to ensure the company treats same-sex marriages in the same way it treats opposite-sex marriages. Updating policies now and educating leadership will reduce the likelihood of civil lawsuits later.
It isn't as simple as updating your HR policy to comply with DOMA definitions, however. Because the Supreme Court left Section 2 of DOMA in place, companies with employees in different states may prefer to develop state-based policies. For example, a company in Pennsylvania may have employees living in both Pennsylvania and New York. Since Pennsylvania doesn't recognize same-sex marriages while New York does, human resources departments may need to make changes to benefit, COBRA, and FMLA policies and implementations based on where an employee lives. The situation becomes even more complex for corporations with locations throughout the United States. Not only does the administration of multiple policies create a logistical challenge for HR organizations, it can also impact employee moral as workers see others being treated differently.
Even before the DOMA ruling, some private companies were opting to offer select benefits to same-sex couples regardless of legal requirements. With the complex challenges created by the DOMA ruling, other companies may opt to do the same thing; it could be cheaper to offer universal benefits than administrate numerous HR policies. Experts agree that the legal aspects of the ruling on DOMA are still coming to light, so HR organizations should tread lightly and consult experts in state law regarding the necessary steps to take.
(Photo courtesy of basketman / freedigitalphotos.net)
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