Employment Law

I live in the state of Nevada which recognizes Domestic Partnership…

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I live in the state...
I live in the state of Nevada which recognizes Domestic Partnership to be almost the same as marriage. The company I work for allows domestic partners to be placed on our benefits program the same as married individuals. My company only allows for same-sex partners and not partners of the opposite sex to be placed on the ones insurance. I feel as... Read full answer
I live in the state of Nevada which recognizes Domestic Partnership to be almost the same as marriage. The company I work for allows domestic partners to be placed on our benefits program the same as married individuals. My company only allows for same-sex partners and not partners of the opposite sex to be placed on the ones insurance. I feel as if you allow one sexual preference you should allow other. It seems to me that I maybe being discriminating against. Do you feel this is possibly the case?
Submitted: 7 years ago.Category: Employment Law
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7/27/2011
Employment Lawyer: Law Answers, Lawyer replied 7 years ago
Law Answers
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Can you please clarify what it is that your company does not allow (does the company not allow a person to place his/her girlfriend or boyfriend on insurance)?

 

 

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Customer reply replied 7 years ago

It doesn't allow for me to place my girlfriend on my insurance under the domestic partnership policy. Even though if I had a boyfriend I could get a paper signed by a public notary.

Employment Lawyer: Law Answers, Lawyer replied 7 years ago

That has been a hotly debated topic, but ultimately, an employer can offer benefits to domestic partners that it offers to married couples. It is not discriminatory to fail to offer to heterosexual couples who are not married because the employer would not offer the insurance benefit to a homosexual couple who is not registered as domestic partners.

 

I hope this answers your question. Please let me know if you have any follow-up questions.

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Customer reply replied 7 years ago
Okay, but even if the state of Nevada recognizes Domestic Partnership as being the samething as married? I just dont see how a company can pick and choose who they give benefits to under a law that the state has defined. There are other requiremets to my companys' domestic partnership and allow which we meet except the same-sex part. So ture we could go get married just like the homosexual couples could go get married as well (in some states) but I think we should be allowed the same benefits espically since the state I live in recgonizes it.
Employment Lawyer: Law Answers, Lawyer replied 7 years ago

I'm not sure I follow. Are you a homosexual couple who has not registered as domestic partners?

 

 

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Customer reply replied 7 years ago
No, we are hetrosexual couple who have registered with the state of Nevada Domestic Partnership law. I just don't understand since the State of Nevada recongnize us how come my employer wont? But had we been a homesexual couple that would work. I dont see how my employer can ignor the law that the state made in place back 2009? I don't believe they can say its okay for one sexual oreintation and not the other. That is where I believe the discrimination takes place.
Employment Lawyer: Law Answers, Lawyer replied 7 years ago

I see. Here is the law regarding domestic partnership and health insurance benefits:

 

NRS 122A.210 Public and private employers not required to offer, and not prohibited from offering, health care benefits to or for domestic partner of officer or employee.

1. The provisions of this chapter do not require a public or private employer in this State to provide health care benefits to or for the domestic partner of an officer or employee.

2. Subsection 1 does not prohibit any public or private employer from voluntarily providing health care benefits to or for the domestic partner of an officer or employee upon such terms and conditions as the affected parties may deem appropriate.

 

Your employer has chosen to offer benefits to domestic partners however. The question then is whether offering benefits to homosexual domestic partners and not heterosexual domestic partners is discriminatory. Federal law does not currently prohibit discrimination based on sexual orientation. However, Nevada is one of the few states that does prohibit such discrimination. Therefore, failing to offer benefits to one group of people based on their sexual orientation may be discriminatory and therefore illegal.

 

I hope this answers your question. Please let me know if you have any follow-up questions.

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