Lynn Kappelman and Laura Maechtlen Quoted in Law360
“Attys’ Advice to High Court: More Love, Less Discrimination”

Seyfarth Shaw Labor & Employment partners Lynn Kappelman and Laura Maechtlen are quoted in a March 22 Law360 article discussing the Supreme Court hearings challenging the Defense of Marriage Act and California’s Proposition 8.

According to Lynn and Laura, “Employers have interest in the pending marriage cases because, from a purely practical standpoint, in states that permit same-sex couples to marry, DOMA requires employers to put their lawfully married employees into two categories. For example, when determining an employee's eligibility for FMLA leave to take care for her married partner, only the straight spouse qualifies for such leave while the same-sex spouse does not. Same-sex married employees are also treated differently than other married employees in areas of benefits, other leave laws and certain state laws. In short, federal DOMA creates administrative burdens for employers in states that recognize same-sex marriage. The Supreme Court decisions could impact employers nationwide by resolving the issue of how employees who are in same-sex marriages are treated under the law."