Freedom To Marry -
[Cached Version]
Published on: 5/9/2005
Last Visited: 5/10/2005
Not exactly, says Raymond Pech, assistant director and counsel with the Connecticut Commission on Human Rights and Opportunities.Although ERISA preempts certain parts of state law, there are other so-called benefits that don't fall under ERISA.
For example, if an employer traditionally offers a weekend getaway or some other award for a top-performing salesperson and his or her spouse, would the company be obligated to pay for the partner of an employee, Pech asks.
"That is certainly something we would have to study," Pech says, and he isn't alone in believing there may need to be more clarification to clear up other gray areas.
For example, because Connecticut law prohibits discrimination on the basis of marital status, is the civil union considered a marital status, Pech asks.
"I thoroughly anticipate we will see a rise in cases as a result of this act," he says."It's all new.