Investigation of Companies Denying Same-Sex Spouse Benefits

Contact us to learn more about this investigation.


Block & Leviton 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
  • 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.


If you want more information or believe that your employer is currently denying you or your same-sex spouse benefits that you are entitled to, please contact one of the following persons:

R. Joseph Barton, Esq. (
Ming Siegel, Paralegal (
Block & Leviton LLP
1735 20th Street NW
Washington DC 20009
(202) 734-7046

Contact us to learn more about this investigation.

Block & Leviton LLP
155 Federal Street, Suite 400
Boston, MA 02110
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