My company offers heterosexuals six different health plans to choose from. Those with domestic partners, however, are forced to select only one plan and are not offered the other. This plan also happens to be the most expensive plan offered, so few straight people choose it.
Additionally, a “domestic partner health processing fee” of $50 per paycheck is charged on top of the insurance premium.
Are these things legal in California under current laws for Registered Domestic Partners?
Answer: Hard to say. Employee benefits are generally governed by ERISA which is a federal law, and it supercedes conflicting state laws. Since it only deals with married couples and not domestic partners, I’d guess that it is permissible under current law.
Personally I believe it is unconstitutional to treat the two differently. But the courts haven’t gone there yet.
I am in Massachusetts and live with my boyfriend (we are straight) and my company offered the same health plans for both married couples and domestic partner couples.
It does seem very discriminatory, but in MA, companies don’t have to offer health plans to domestic partners at all, so it would seem that it’s legal to put some restrictions on plans. I don’t think it’s right or fair at all though and am curious to hear what some more legally informed people here might say.
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