Claim Based on Health Plan's Failure to Cover Same-sex Spouse Survives under Title VII as Sex Discrimination Claim: W.D. Washington | Practical Law
In Hall v. BNSF Railway Company, the US District Court for the Western District of Washington at Seattle held that defendant's claim of sex discrimination under Title VII of the Civil Rights Act of 1964 (Title VII), based on the failure of his employer's health plan to cover his same-sex spouse, survives dismissal because it alleges sex discrimination, not sexual orientation discrimination.