On February 14, 2006, the New York Court of Appeals (New York’s highest court) struck down New York City’s Equal Benefits Law (EBL).
On February 14, 2006, the New York Court of Appeals (New York’s highest court) struck down New York City’s Equal Benefits Law (EBL). The EBL required companies with City contracts over $100,000 to provide employees who have domestic partners with benefits equal to those provided to employees with spouses. Mayor Bloomberg had refused to enforce the EBL.
The Court of Appeals ruled that the EBL is preempted by the competitive bidding provisions of New York State’s General Municipal Law and by the federal Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001 et seq.
Employers' Bottom Line:
Employers bidding on NYC contracts in excess of $100,000 are no longer required to provide their employees who have domestic partners the same benefits they provide to employees with spouses. Employers, however, remain free to do so.
If you have any questions regarding this law, please contact Philip Davidoff, pdavidoff@fordharrison.com, 212-453-5915 or the Ford & Harrison attorney with whom you usually work.