I work for a University and I am unable to put my Significant other of 30 years on my insurance due to we are not in a female to female or man to man relationship. The only way I can put him on my insurance is if he is 62 years of age. I believe this is a discrimination issue of the State of California. So my question is can I sue ?
At the Law Offices of Eslamboly & Barlavi we handle most types of Personal Injury Cases and Tort cases including: automobile, truck, motorcycle, pedestrian, bike, and slip and fall accidents, dog bites, wrongful death, legal malpractice, medical malpractice and products liability cases. We only get paid if we recover compensation for you. Visit our website or call 1-800-LAW-TALK.For more information visit us at EBLegal.com
2 Answers from Attorneys
No, because it is not invidious discrimination. Homosexual couples are allowed to get benefits because the law prevents them from being "married". You are not married by your own free choice and there is a very simple remedy to your problem.
It depends on whether same-sex couples who are not registered domestic partners can get the benefits. The reason for the same sex or 62 requirement is that those are the requirements for a couple to register as domestic partners. Homosexual couples cannot marry, and there are social security and estate planning issues once you are over 62 that can create problems for couples who marry after that age. Heterosexual couples can marry. There are some, but very few differences between domestic partnership and marriage. So it is perfectly legal for an employer and the employer's insurance plan to require you become a formal legal couple by the method available to you, before allowing partner coverage. If they are allowing same sex couples who are not domestic partners to insure partners, but not heterosexual couples THEN you MIGHT have a case and should talk to an attorney in person.
Related Questions & Answers
I got in a car accident. It was my fault and the other party reported it. There was... Asked 1/09/12, 1:41 pm in United States California Insurance Law
A friend is involved in an auto accident / the policy is under the Fathers name for... Asked 12/26/11, 3:34 pm in United States California Insurance Law
If i hit some one and they teel me they dont want to gothrough isurance but end up... Asked 12/25/11, 10:30 pm in United States California Insurance Law
I have a full coverage motorcycle insurance policy that I put my roommate on several... Asked 12/06/11, 6:08 pm in United States California Insurance Law
What is the statute of limitations to sue the title company who refused to hire... Asked 11/29/11, 4:19 am in United States California Insurance Law