The act itself does not specifically address same-sex marriage. While ERISA requires companies to comply with federal law that protects employees against discrimination based on race, gender or religion, there is no language preventing discrimination based on sexual orientation. “This is a great decision by the Supreme Court, but people are wrong in thinking that the struggle is over and that nothing is left in the ability to discriminate, because it’s still there,” said Robert Louis, a senior partner who represents plaintiffs at Saul Ewing LLP in Philadelphia on employee benefits issues. While benefits experts see many more companies moving in that direction, the lack of legal clarity could lead to some notable holdouts that will test the spirit of the gay marriage ruling. employers, nearly half said they were already providing benefits to same-sex spouses before the Supreme Court ruling last month, including 13 that are based in states where gay marriage was illegal. The Employee Retirement Income Security Act allows companies to bypass differing state laws that complicate healthcare options for employees spread out across the country. Many large and mid-sized employers are self-insured, which means their benefits are governed by a 1974 act that has no language on preventing discrimination based on sexual orientation. companies must offer corporate benefits to same-sex spouses. NEW YORK (Reuters) - The Supreme Court was definitive in its decision to legalize gay marriage nationwide, but what is far from clear is whether U.S.
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