Gay Employees Seeking Same-Sex Benefits Sue BNSF Railway

BNSF, one of the country’s largest rail carriers, is being sued by two Washington state-based employees who claim the company refuses to provide medical benefits to same-sex spouses though gay marriage is legal in the state. The suit claims that two engineers with BNSF have tried for years to obtain coverage for their same-sex partners but have been turned down, and that the company’s “stated policy” says that marriage is between a man and a woman. The company claims that benefits are regulated through union contracts and cannot be changed outside of collective bargaining. Sources quoted from the company, insurer United Healthcare and plaintiffs, give conflicting accounts of the policy and how it’s being implemented. The Seattle District Court lawsuit asks that the case be certified as class action to cover all same-sex couples who have been denied benefits by the railway.