Barton & Downes 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.

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.