by Steven L. Brenneman
On November 5, both houses of the Illinois General Assembly passed a bill legalizing same-sex marriages. Governor Pat Quinn is expected to sign the bill into law. If he does, it will take effect in June 2014.
The new law will affect Illinois employers in several ways. Regarding employee benefits, employers will need to treat same-sex spouses the same way they treat opposite-sex spouses. The law will have ramifications on retirement plans and employer-sponsored health plans with spousal coverage.
Employee leave policies also will be affected. For example, the guarantees provided by Family and Medical Leave Act (FMLA) leave for a spouse’s serious health condition will be available to same-sex spouses. Similarly, other leave and benefit policies regarding spouses and families (e.g., bereavement leave) will need to be administered consistently for both opposite-sex and same-sex married employees.
Illinois employers also must be mindful of the long-standing provision in the Illinois Human Rights Act (IHRA) that prohibits discrimination based on marital status. Thus, adverse actions should not be taken based on an employee’s marital status.
The U.S. Supreme Court’s ruling holding the Defense of Marriage Act (DOMA) unconstitutional, coupled with the new Illinois same-sex marriage law, clarifies that same-sex married couples should be treated the same as opposite-sex married couples. Illinois employers should promptly analyze the impact the new law will have on employee benefit plans and leave policies.
Steven L. Brenneman is an editor of Illinois Employment Law Letter and a partner with Ford Harrison LLP in Chicago. He can be reached at 312-960-6111 or sbrenneman@fordharrison.com.