Same-Gender Relationships and the Impact of Employment Benefits: Employers Rather than Legislation Leading the Way in a Case of the Tail Wagging the Dog

Abstract

In a very interesting historical phenomenon, rights and protections for same-sex relationships has largely come from the workplace even though in most states and the federal government, the law is not there to support it. The majority of the Fortune 500 companies have policies that protect employees from discrimination on the basis of sexual orientation and very often provide benefits to same-gender couples. While it is usually the legislature that passes laws and society must catch up, in this case, it is the other way around. This paper takes a look at many of the benefits issues and what is being done and why there is this unusual turn of events regarding same-gender relationships.