Gordon & Rees San Diego partner Gina Haggerty Lindell was quoted in the July 30 issue of the San Diego Daily Transcript.
In the article, titled “DOMA Ruling Causes Employers to Re-Look at Handbooks,” Lindell discussed potential challenges a same-sex married employee could face if his or her employer’s insurance is a self-insured plan in a state that does not recognize same-sex marriages. Although the U.S. Supreme Court’s ruling on the Defense of Marriage Act (DOMA) provided more than 1,000 federal benefits and responsibilities to legally married same-sex couples, the court did not address §2 of DOMA, which allows one state to refuse to recognize same-sex marriages entered into in another state.
The high court’s June 2013 ruling could bring about significant change for employers across the country. Employers are encouraged to review their insurance policies to determine how same-sex spouses are treated and defined, Lindell said.
Lindell defends employers in legal claims including wrongful termination, discrimination, harassment, wage-and-hour matters, employee classification issues, retaliation, breach of contract, worker's compensation and other related employment matters. She regularly counsels employers on hiring, termination, leaves, overtime compensation and disability, and provides training on employment issues in the workplace.