Same Sex Marriage in the Workplace

Without addressing the social, moral or religious arguments, the topic of same sex marriage has direct and indirect consequences to employers. 

As more states pass legislation recognizing same sex marriage, it is imperative that employers understand the law, as well as implement its provisions in a timely and accurate manner.  In some cases, the legislation may be as broad as prohibiting discrimination in the terms and conditions of employment when it comes to an employee’s civil union status or sexual preference.  In other cases, it could mean offering the same benefits to same sex partners as are offered to individuals who are legally married.

But there are other areas that employers must address when it comes to same sex marriage.  For example, some individuals in your workplace may not approve of, or support, same sex marriage and may vocalize their opinions openly.  These comments may be offensive to individuals who are involved in a same sex marriage as well as to others who support same sex marriage in general.  As a result, the employer may need to address complaints of hostile work environment, harassment, discrimination and unprofessional conduct or other violations of company policy.  If the comments include threats, company policies prohibiting violence in the workplace may also be implicated.

To minimize these issues, the employer should proactively provide diversity training to all employees and emphasize the need to respect others.  Employers should openly discuss any changes to federal or state law regarding same sex marriage and its impact on the workplace as well as the employer’s and each employee’s obligation to comply with the law.  A discussion on the consequences for violating the law and/or company policy should also be addressed.

Finally, it is important for the employer to review its internal policies and procedures and identify areas that may not provide the same rights or protections to individuals in same sex marriage compared to individuals who are legally married.  Once these areas are identified, the employer should identify if they are legally required to or otherwise want to offer the same rights and protections to both groups.

This article should not be construed as legal advice.