Should Employers Provide Benefits to Same-Sex Partners?

Some of the best and most progressive companies are already offering employee benefits for same-sex partners of employees. Others are dipping their foot in the pool by providing those benefits in places where they are mandated to do so, such as Massachusetts. According to an online article on HRhero.com Excerpted from Arkansas Employment Law Letter, written by attorneys at the law firm Jack, Lyon & Jones, P.A., Massachusetts became the first state to legally recognize gay marriage in 2004. Same-sex couples are required by law to be treated the same as heterosexual couples in that state. However, there are many other states who do not legally recognize those marriages, so a company with employees in Massachusetts as well as other states would not be required to treat all its employees the same.

This is where the issue becomes murky because the laws are different everywhere across the country. It boils down, most of the time, to the employer's choice of whether to provide employee benefits for same-sex partners of their employees. Most forward-thinking companies have already discovered the richness and unique synergy having a diverse workforce can offer and have embraced the idea of providing the same benefits to all their employees, regardless of sexual orientation.

The major issue is fairness for all. It takes nothing away from heterosexual couples to offer their same-sex counterparts the same benefits they enjoy. As a matter of fact, it's only fair that they should receive the same benefits since they are providing the same service to the companies for which they work. To deny the domestic partner or spouse of a homosexual employee the benefits to which everyone agrees the spouse of a heterosexual employee is entitled is nothing short of discrimination.

Of course, since there isn't an overwhelming consensus on the issue, it is still up for debate and each company must decide where they stand. Those who want to attract and keep the brightest and best of employees will, no doubt, eventually see that rewarding them all equally will only sweeten the pot of a talented and enthusiastically loyal workforce.

Who someone chooses to love and spend their life with has absolutely nothing to do with what type of employee they will be. However, the respect and equality with which one is either treated or not will go a long way toward determining the quality of work they perform for their employer. The companies who are smart enough to figure this out will be the ones offering full and equal benefits for same-sex partners of their employees.