In the Matter of Brad Levenson

ORDER

Overview

Brad Levenson, a deputy federal public defender in the Office of the Federal Public Defender for the Central District of California (“FPD”), is legally married, under California law, to Tony Sears. Nevertheless, Levenson has not been permitted to enroll Sears as a family member beneficiary of his federal health, dental, and vision benefits (hereinafter “federal benefits”) because both spouses are of the same sex. In a previous order, I determined that the denial of benefits on this ground violates the Ninth Circuit’s Employment Dispute Resolution Plan for Federal Public Defenders and Staff (“EDR Plan”), which expressly prohibits discrimination on the basis of sex and sexual orientation. I also determined for similar reasons that the denial of benefits violates the United States Constitution. As a further remedy for those violations, Levenson now requests an order directing the FPD to en ter into separate contracts with private insurers in order to provide Sears with benefits comparable to those provided in the existing federal plans, or alternatively, a monetary award pursuant to the Back Pay Act. For the reasons set forth below, I have determined that an order…