Thursday, November 19th, 2009...10:00 am
9th Cir: Kozinski on Benefits for Same Sex Federal Judicial Employees
Two days ago it was Judge Stephen Reinhardt. Now 9th Circuit Chief Judge Alex Kozinski takes another step beyond Reinhardt’s order for compensatory relief, and orders OPM to stop interfering with his orders, and directs Blue Cross/Blue Shield to enroll the federal judicial employee’s same-sex spouse in the health plan. In the Matter of Karen Golinski, 2009 WL _____ (9th Cir. Nov. 19, 2009)
In rejecting the option of ordering “prospective back pay” (directing OPM to cut checks to the employee, who would then try to obtain coverage through another plan, or individual policy), Kozinski said:
there is an inherent inequality in allowing some employees to participate fully in the FEHBP [federal plan], while giving others a wad of cash to go elsewhere. Even if the destination is the same, it’s still the back of the bus.
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