In a final ruling, the Department of Labor has enabled workers in legal same-sex marriages to take job-protected leave, under the FMLA, to care for seriously ill spouses, even if the state in which the couple resides does not recognize same-sex marriage.
In a final ruling, the Department of Labor has enabled workers in legal same-sex marriages to take job-protected leave, under the FMLA, to care for seriously ill spouses, even if the state in which the couple resides does not recognize same-sex marriage. Previously, married same-sex couples received FMLA protection only if they resided in a state that recognized same-sex marriage.
The change was the result of the Supreme Court’s decision in United States v. Windsor, in which the Court struck down the Defense of Marriage Act provision that interpreted marriage and spouse to be limited to opposite-sex marriages for the purpose of federal law. The Department of Labor has now moved from “state of residence” to the “place of celebration” rule for the regulatory definition of spouse in 29 §§ CFR 825.102 and 825.122(b). The new definition will look to the law where the couple was married rather than the law where they reside. This will allow all legally married same-sex couples to have “consistent federal rights regardless of where they live.”As of February 13, 2015, 32 states and the District of Columbia allow same sex couples to marry. The ruling took effect on March 27, 2015.
Read the latest from the Van Kampen Law team
The repeal of House Bill 2 ends a year of high drama in The Old North State, but many challenges remain for the LGBTQ community. Gone is the most odious provision of this notorious law. The clause prohibiting anyone from using a restroom other than that which corresponds to their birth certificate is history.
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On Tuesday, April 19, 2016, the Fourth Circuit Court of Appeals issued a landmark decision, holding for the first time that federal law prohibits public schools from denying transgender students access to bathrooms that correspond with their gender identities. The Fourth Circuit's 2-1 decision overturned the United States District Court for the Eastern District of Virginia’s holding that Title IX of the Education Amendments Act does not allow for students to use the restroom that aligns with their gender identity.
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Last night, Governor Pat McCrory signed House Bill 2 into law, a mere 10 hours after it was first revealed to the public. In their haste to strike down Charlotte’s Non-Discrimination Ordinance, the General Assembly and Governor enacted a law that does far more than prohibit transgender and gender nonconforming Charlotteans from using public restrooms.
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