Health Plan Coverage for Same-sex Spouses

Federal employee benefits law does not specifically require employers to extend health plan coverage to employees’ same-sex spouses. However, as a general trend, many employers should be cautious about treating employees differently based on sex, including sexual orientation or gender identity.

On June 15, 2020, the U.S. Supreme Court ruled that Title VII of the federal Civil Rights Act (Title VII) protects individuals against employment discrimination based on their sexual orientation or gender identity. The application of this ruling to employee benefit plans is still evolving. However, the Supreme Court’s decision makes it more likely that Due to this ruling, employers with health plans that do not offer equal benefits to same-sex spouses may be at risk for discrimination lawsuits.

Also, if an employer has a fully insured health plan that provides coverage for spouses, state insurance law will likely require equal coverage for opposite-sex and same-sex spouses. In addition, some states have their own fair employment laws that prohibit employment discrimination on the basis of sexual orientation or gender identity.