AJS 583-Week4-RGuthrie

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May 4, 2024

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1 How Law Influences Corporations Ries Guthrie University of Phoenix AJS 583 Dr. Shelia Ward April 29, 2024
2 Obergefell v. Hodges marked a pivotal decision by the U.S. Supreme Court in 2015, confirming the right to same-sex marriage as a fundamental right under the Fourteenth Amendment to the United States Constitution. The case arose when several same-sex couples filed suits against state prohibitions on same-sex marriage in Ohio, Michigan, Kentucky, and Tennessee. These couples maintained that the state bans violated their Fourteenth Amendment rights to equal protection and due process. They argued that the denial of marriage rights based on sexual orientation constituted discrimination and encroached upon their essential freedoms. The Supreme Court agreed with their arguments, declaring that the Constitution guarantees the right to marry for same-sex couples. Consequently, it ruled that same-sex couples have the fundamental right to marry, obligating all states to recognize their marriages on the same terms as those of opposite-sex couples (J Garretson, 2018). This ruling was a monumental triumph for LGBTQ rights and marked the accomplishment of a lengthy struggle for marriage equality in the United States, signifying a historic win for justice and equality. Issues The Supreme Court’s decision in Obergefell v. Hodges raises significant issues, both legally and socially. The Supreme Court's ruling effectively legalized same-sex marriage nationwide, which requires organizations to update their policies and benefits plans to comply with this new legal reform. Failure to do so could result in legal challenges and potential discrimination claims. As a corporation operating within the United States, it is imperative that we adhere to federal law and ensure equality and fairness for all employees, regardless of sexual orientation. From a social perspective, Obergefell v. Hodges represents a monumental step forward in the fight for LGBTQ+ rights and equality, signaling a broader acceptance of same-sex marriages. It upholds the respect and recognition of LGBTQ+ individuals and their partnerships.
3 By recognizing the validity of same-sex marriages, the Supreme Court affirmed the dignity and worth of LGBTQ+ individuals and their relationships. Failing to acknowledge and support same- sex marriages in our benefits plan would not only be discriminatory but also out of touch with the values of inclusivity and diversity that are increasingly embraced by society (Flores et al., 2020). This ruling should be celebrated and reflected in our policies and benefits plans. Providing support for same-sex marriages would send a strong message that LGBTQ+ individuals are welcome and valued in our workplace. Implementing New Benefit In today's rapidly evolving social landscape, it is imperative that corporate benefits plans reflect the fundamental rights and evolving societal norms. The inclusion of same-sex marriage benefits is not merely a matter of compliance but a testament to our organization’s commitment to equity, diversity, and inclusion. By updating current benefits plans to incorporate same-sex marriage, we will be able to successfully demonstrate our unwavering support for the LGBTQ+ community and foster a workplace that embraces and values all employees. This major step not only aligns with legal frameworks but also aligns with the growing expectations of a diverse workforce and a socially conscious consumer base. By extending benefits to same-sex couples, we will be able to attract and retain top talent, enhance employee morale, and project a positive brand image. Moreover, it sends a powerful message that the company values the well-being and equality of all its employees, regardless of their sexual orientation or gender identity (Riga, 2015). Steps for Implementation
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4 To address the omission of benefits for same-sex marriages in our organization's current benefits plan, we will embark on a comprehensive implementation process. First, a legal and regulatory assessment will be performed to thoroughly review applicable federal, state, and local laws, as well as regulatory guidance. This is to ensure compliance with non-discrimination requirements and the provision of equal benefits to all employees regardless of sexual orientation or gender identity. Then, policy revisions will be developed. Based on the legal and regulatory assessment, the benefits policies will be revised to explicitly include same-sex marriages in all relevant provisions. This will encompass benefits such as health insurance coverage, paid time off, and retirement plans. After that, the revised benefits plan must be communicated with all employees through various channels, including a companywide meeting, company email, and notices being given to each employee. All employees will then be provided with the opportunity to ask questions and receive any necessary support. Next all vendor agreements will be updated so they are able to update their systems and processes to recognize same-sex marriages and ensure that all employees have access to the expanded benefits. The implementation process will be monitored regularly to ensure that the revised benefits policy is being implemented effectively and that all employees are receiving the intended benefits. Finally, I will seek feedback from employees and adjust as needed. I mplementing these changes is not solely about legal compliance but also about creating a more inclusive and reasonable workplace. We will continue to promote a culture of respect and dignity for all employees, regardless of their sexual orientation or gender identity (Internal Revenue Service, 2015). Conclusion The Supreme Court's ruling in Obergefell v. Hodges, which legalized same-sex marriage nationwide, has had a direct impact on our organization. We are now required to provide the
5 same benefits to employees in same-sex marriages that we provide to employees in opposite-sex marriages. This affects several aspects of our operations. In terms of recruiting, updates must be made to the benefits policies to clearly state that same-sex spouses are eligible for health insurance, retirement benefits, family leave, and other benefits on equal footing with opposite- sex spouses. From a public relations perspective, complying with Obergefell and providing equitable benefits has enhanced our image as an LGBTQ-friendly, developing employer. Internally, some adjustments have been required to ensure smooth enrollment of same-sex spouses in benefit programs, update forms and databases to account for same-sex marriages, and train HR staff and managers on compliance requirements. While implementing Obergefell's requirements will not come without challenges, overall, it will allow the organization to better align the benefits policies with the organization's commitment to diversity, equity, and inclusion in the workplace. Providing equal access to benefits for all married employees, regardless of sexual orientation, makes us a more attractive employer and demonstrates our values around fairness and equal treatment under the law.
6 References Flores, A., Mallory, C., & Conron, K. (2020). THE IMPACT OF OBERGEFELL V. HODGES on the Well-Being of LGBT Adults . https://williamsinstitute.law.ucla.edu/wp-content/uploads/Happiness-After-Obergefell- Jun-2020.pdf Internal Revenue Service. (2015). Application of Obergefell to Qualified Retirement Plans and Health and Welfare Plans Notice 2015-86 . https://www.irs.gov/pub/irs-drop/n-15-86.pdf J Garretson. (2018). The Path to Gay Rights : How Activism and Coming Out Changed Public Opinion . New York University Press. Riga, S. (2015, June 29). The Same-Sex Marriage Ruling: Key Employee Benefits Take-Aways . Ogletree. https://ogletree.com/insights-resources/blog-posts/the-same-sex-marriage- ruling-key-employee-benefits-take-aways/
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