Friday, August 29, 2014

Good Luck

There are twenty one states and the District of Columbia that ban discrimination based on sexual orientation and there are eighteen states and the District of Columbia that ban discrimination based on gender identity. The EEOC has ruled that gender identity is protected under Title VII of the Civil Rights Act. However, there is no such protection federally for sexual orientation.

In California a gay man is suing Little Caesars pizza company and their franchise for discrimination because they would not give health insurance coverage to his spouse.
Pizza chain sued over healthcare for gay couples…
BY DAINA BETH SOLOMON
Wed Aug 27, 2014

(Reuters) - A former trainee manager at Little Caesars pizza in California sued the company for discrimination on Wednesday, accusing the Detroit-based chain of denying employees health insurance benefits for their legally wed same-sex spouses.

The lawsuit was brought in state Superior Court in Orange County, regional headquarters for the nation's third-largest pizza chain, by Frank Bernard, 47, who said he quit his job after Little Caesars refused to extend coverage to his husband of six years.
[…]
The Supreme Court ruled separately last year that same-sex married couples were entitled to spousal benefits available under federal law, striking down provisions of the federal Defense of Marriage Act. But that decision did not extend to benefits private companies provide to their employees.
Those twenty one states that ban discrimination based on sexual orientation, well Michigan is not one of them. And Little Caesars is self-insured under the Employee Retirement Income Security Act (ERISA) so therefore they are under federal law not state.

So I say to Mr. Bernard, good luck. I really do hope that you will win, but the deck is stacked against you.

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