Since the 2015 U.S. Supreme Court decision in Obergefell v. Hodges, which brought marriage equality nationwide by ruling that marriage is a fundamental right to which same-sex couples should have the same access as opposite-sex couples, employers have sought to do the right thing in the name of equality and provide spousal benefits to both same- and different-sex married couples. Many employers assumed that the marriage ruling obviated the need for partner benefits; however, this is not true. While marriage equality is undoubtedly a monumental step toward full equality, LGBTQ+ individuals remain at risk for discrimination in many other aspects of daily life and these vulnerabilities continue to create barriers for many LGBTQ+ Americans to exercise their legal right to marry.
In the absence of sexual orientation and gender identity protections through federal and consistent state law, LGBTQ+ individuals remain vulnerable to discrimination in housing, access to public places, federal funding, credit, education, jury service, and, in some cases, employment (for employees not covered under Title VII). While LGBTQ+ Americans can get legally married, this lack of guaranteed protection in other domains means a newly married LGBTQ+ couple are at risk for eviction from their home by a discriminatory landlord that sees their wedding photos on social media. Until LGBTQ+ Americans have full equality through the federal Equality Act, domestic partner benefits will remain an essential CEI standard that helps to fill the void left by federal and state law and ensure LGBTQ+ workers and their families receive equitable benefits whether married or partnered.
Domestic partner benefits do not only serve same-sex couples. In fact, over the last decade most businesses that have offered same-sex partner benefits also extended these to partners. In other words, businesses have increasingly recognized the value of decoupling benefits from the legal definition of marriage to meet the needs of their diverse workforces.
Competitive employer-provided benefits’ packages are critical to attracting and retaining talent. From healthcare coverage to retirement investments and more, ensuring LGBTQ+ inclusive benefits to employees and their families is an overall low-cost, high-return proposition for businesses. In addition, equitable benefits structures align with the principle of equal compensation for equal work. Apart from actual wages paid, benefits account, on average, for approximately 30 percent of employees’ overall compensation. Therefore, employers should ensure that this valuable bundle of benefits is equitably extended to their workforce, irrespective of sexual orientation and gender identity. When denied equal benefits coverage, the cost to LGBTQ+ workers and their families is profound.
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To receive credit in the CEI, a company must:
More information:
Note: You will upload one document for spousal and domestic partner eligibility.
To receive credit in the CEI, a company must:
More information:
Examples:
Note: You will upload one document for spousal and domestic partner eligibility.
To receive credit in the CEI, a company must:
More information
If an employer requires proof of eligibility of family members, and would also require proof of eligibility of same-sex partners, the employer should allow any of the following:
Examples:
Note: HRCF cannot accept plans that require state registration for proof of domestic partnership. Given affidavits provide a clear process for couples to attest to their relationship status, requiring state registered partnerships is unnecessary. You insurer likely has a standard affidavit that can be used.
To receive credit for spousal and domestic partner benefits in the CEI, a company must:
Offer the following standard health benefits:
Note: A company cannot earn any credit for domestic partner benefits if the benefits listed above are not covered as they represent minimum standard medical coverage.
To receive credit for spousal and domestic partner benefits in the CEI, a company must:
If a benefit is simply not offered, a company can select “Benefit not offered” without consequence. Partial benefits (i.e. those offered to spouses and not partners) will result in partial credit (5 points).
Soft benefits include:
To receive credit for spousal and domestic partner benefits in the CEI, a company must:
Offer survivor benefits equally to spouses and domestic partners regardless of sex. If a benefit is simply not offered, a company can select “Benefit not offered” without consequence. Partial benefits (i.e. those offered to spouses and not partners) will result in partial credit (5 points). Survivor benefits include:
More information:
Note: For retirement and survivor benefits, please only answer based upon those benefits that are currently available options to all new hires (i.e. not based upon closed, cancelled, or "grandfathered" plans). (Hint: Most pension plans are no longer open.)
To receive credit for spousal and domestic partner benefits in the CEI, a company must:
Offer retirement benefit options equally to spouses and domestic partners regardless of sex. If a benefit is simply not offered, a company can select “Benefit not offered” without consequence. Partial benefits (i.e. those offered to spouses and not partners) will result in partial credit (5 points). Retirement benefit options include:
More information:
Note: For retirement and survivor benefits, please only answer based upon those benefits that are currently available options to all new hires (i.e. not based upon closed, cancelled, or "grandfathered" plans).
To receive credit for spousal and domestic partner benefits in the CEI, a company must:
Offer family formation benefits equally to spouses and domestic partners regardless of sex. If a certain family formation benefit is simply not offered, a company can select “Benefit not offered” without consequence. Partial benefits (ex. those offered to spouses and not partners) will result in partial credit (5 points).
More information:
The CEI will evaluate the following family formation benefits:
Due to differences in laws and regulations from state to state, providing family formation benefits is crucial for access to these services for LGBTQ+ people. It is also important to remove barriers that limit LGBTQ+ people from accessing these benefits. For example, health plans often require a diagnosis of infertility for family formation benefits and have a definition for infertility that excludes many LGBTQ+ couples and hopeful single parents.
RESOLVE: The National Infertility Association provides a variety of resources and information about insurance coverage for employers which includes an evidence-based guide on providing employee fertility benefits and a model policy.
Examples: