Illinois's legislation was passed last fall and took effect June 1. Nineteen states and the District of Columbia have legalized same-sex marriage, whether by court decision, state legislature, or popular vote. Eight other states that have bans on same-sex marriage have been or are involved in court battles, calling these bans unconstitutional, so more changes may be coming. Currently, the states where same-sex marriage is legal are:
California, Connecticut, Delaware, Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, Minnesota, New Hampshire, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Vermont, and Washington. These new laws will affect employers in various ways.
Employers will need to treat same-sex spouses the same way they treat opposite-sex spouses. This will have ramifications for employer-sponsored health plans with spousal coverage eligibility as well as retirement plan beneficiary requirements.
Also, employee leave policies will be affected. For example, the guarantees provided by the Family and Medical Leave Act (FMLA) for the serious health condition of a spouse will be available to same-sex spouses. Similarly, other leave or benefit policies relating to spouses and families (e.g., bereavement leave) will need to be administered consistently for opposite-sex and same-sex married employees.
Employers also need to know what their state specific laws say. A provision in the Illinois Human Rights Act prohibits discrimination based on marital status. Thus, no adverse action should be taken against employees based on their status as married or single. Sex and familial status are both protected classes under the Civil Rights Act, which means you cannot base a decision to hire or fire on them.
In addition to knowing how the law will affect you, you should also consider Sexual Harassment & Diversity Awareness training, so that your staff understands how to avoid discrimination in the workplace and so you can prove that you don’t condone discrimination on this basis should you end up in litigation for such a claim. Courts are more lenient on employers that have required this training for all employees and repeated the training. This issue has cropped up in other local news as the St. Louis Rams signed openly gay Michael Sam in the draft. Don Jones, a safety for the Miami Dolphins, was suspended, fined, and required to take "sensitivity training" before returning to practice because of remarks he made on Twitter. If he had been through Elite HR Team's training session, he would have known better!