Summary of the Investigation

Cohen Milstein is investigating whether certain employers fail to or previously failed to properly provide benefits to employees with lawfully-married same-sex spouses.  Among the benefits that may be affected are the following: 

  •  Pension Plans and other retirement plans (including spousal benefits)
  • 401(k), 403(b) plans, profit sharing plans
  • ESOPs
  • Death Benefits
  • Health Benefits
  • Health Savings Accounts, Healthcare/Medical Savings Accounts
  • COBRA
  • Dependent Care Assistance
  • Family Medical Leave Benefits

In 20 states and the District of Columbia, state law prohibits discrimination based on sexual orientation. However, even if you do not reside in a state with anti-discrimination laws that protect persons based on sexual orientation, your same-sex spouse may be entitled to benefits under the terms of your company’s benefit plans.  Likewise, you may be entitled to benefits even prior to the time that the Supreme Court declared DOMA (Defense of Marriage Act) unconstitutional

What Information Do We Need From You

We will want to obtain some information to investigate your claim, including the state in which you reside and work, the state in which you were married, and copies of your employer’s policies or plans regarding benefits.  If you do not have copies of the employee benefit plans or policies, we can assist you in making a request for copies.  There is no charge to you for us to assist you in making this request or for us to evaluate your case.

For information about other cases that Cohen Milstein is pursuing to prevent and eliminate workplace discrimination against lesbian, gay, bisexual and transgender Americans, please click here.

Whom to Contact for More Information

If you want more information believe that your employer is currently denying you or your same-sex spouse benefits that you are entitled to, please contact one of the following persons:

R. Joseph Barton, Esq. jbarton@cohenmilstein.com
Ming Siegel, Paralegal msiegel@cohenmilstein.com
Cohen Milstein Sellers & Toll PLLC
1100 New York Avenue, NW, Suite 500 West
Washington, DC 20005
Telephone: (888) 240-0775 or (202) 408-4600