Biglaw Perk Watch: Tax Equalization for Same-Sex Health Benefits

Which major law firms now offer the tax offset for domestic partner health benefits?

It has been a long time since our last listing of the major law firms that offer the “tax offset for domestic partner health benefits” or the “tax equalization for same-sex health benefits.” (If you’re not familiar with this benefit, also known as the “gay gross-up,” see this explanation.)

As we’ve explained before, this benefit is necessary because of the Defense of Marriage Act (DOMA). Let’s hope that this benefit is no longer necessary in the near future. This Term, the Supreme Court will rule on the constitutionality of DOMA (assuming they don’t dodge the issue on jurisdictional grounds). If SCOTUS goes the way of the lower courts, DOMA will go down, and the gay gross-up won’t be needed.

In the meantime, though, the benefit is needed. Let’s take a look at which firms should be added to our list….

Here are four more major law firms (i.e., Am Law 100 or Vault 100) that now offer tax equalization for same-sex health benefits:

Some of these firms have actually had the benefit for a while; we’re just a bit late in giving them props. By our count, almost 40 leading law firms now offer this benefit. For the complete list, with the four newcomers added, flip to the next page. And please email us, subject line “Gay Gross-Up,” with corrections or additions to our list.

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In addition, we’re working on a post about another benefit that’s of interest to gay and lesbian lawyers (and many straight ones as well): adoption or surrogacy benefits. A small number of law firms will help employees cover the (not insignificant) costs associated with adopting a child or having a child through a surrogate. If your firm provides this benefit, please email us, subject line “Adoption or Surrogacy Benefits.” Thanks!

P.S. As we’ve mentioned before, the New York Times also tracks which firms have made this commitment to LGBT workplace equality. If you’d like to see your firm on the NYT list, please contact Tara Siegel Bernard.

Supreme Court-Appointed Lawyer Argues DOMA Case Cannot Be Heard [BuzzFeed]
For Gay Employees, an Equalizer [New York Times]
A Progress Report on Gay Employee Health Benefits [Bucks / New York Times]

(Flip to the next page for the full list of firms that offer tax equalization for same-sex health benefits.)

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