Employment and Benefits Issues Involving Same-Sex Marriages in Massachusetts: An Employer’s Guide

Abstract

The issue of same-sex marriage has ignited a raucous debate over the contours of the institution of marriage. But lost in the noise are a host of real and very practical concerns faced by employers over the impact of same-sex marriage on employer-sponsored benefit plans and employment practices. Are same-sex spouses entitled to benefits, and under what circumstances? To what extent can employers treat same-sex couples differently? And are there any problems if they want to extend benefits to same-sex spouses voluntarily? These and other questions often are subject to conflicting state and federal laws, not to mention laws that vary from state to state. Particularly for multistate employers, the problems can be vexing. This article outlines the labor, employment, and benefits issues that employers face as they address the issues raised by same-sex marriages, and it suggests some practical steps for handing the core compliance burdens.