Marital Status Discrimination

What is Marital Status discrimination?

Marital status discrimination, which is a violation of California state and federal law, occurs when an employer treats a worker differently because of the worker’s marital status. If an applicant or employee is married, widowed, divorced, single or unmarried with a same-sex or opposite-sex partner, and the employer uses that information in making decisions about hiring, benefits, promotions, discipline or termination, it is considered marital status discrimination.

What is Family Issues or Family Status discrimination?

As with marital status, an individual’s family status – married/unmarried, current/future parent – is protected under California and federal employment law. An employee cannot be treated differently because of his/her marital status or family issues; to do so is family status discrimination.

How does Marital Status or Family Status discrimination occur?

These discriminatory practices can begin with illegal questioning of a job applicant. It is illegal to ask a potential employee questions that would point to marital status or family issues. Questions such as, “Are you married?” “Do you have a family?” “What is your maiden name?” “Are you pregnant?” or “Do you plan to have a family?” are in violation of the law and can be used for a lawsuit.

An employer might also use a worker’s marital or family status when making decisions about job assignments or promotions. Often such actions are based on stereotypes and personal prejudices: “She’s young and eager now, but she’ll probably quit as soon as she gets married.” “If the pregnancy is complicated, it will cost the company a lot of money.” “He already told me he plans to take time off when the baby comes; I’m not going to put his name in for promotion.” “Widows are serious and reliable in low-level positions.” “He doesn’t have kids and probably doesn’t need the money as much, so I’m going to give the bonus to the guy with three kids.” These statements are all in violation of marital and family status discrimination laws.

It is also illegal to use marital or family status as an excuse for termination. For example, an employer might start giving negative write-ups leading to firing of a woman who had spoken of “trying to get pregnant.”

What are Your Rights?

If you believe that you have been discriminated against due to your marital or family status, you have rights under California and federal law. Shannon Foley helps clients from diverse employment backgrounds and can advise you about your protections against discrimination and your options under the law.

Contact Foley Lyman Law

If you are seeking legal counsel who will listen to your concerns, inform you of your options and represent you effectively, contact Foley Lyman Law Group at 310.706.4050 for a confidential consultation. You can also send us an email to obtain more information or schedule an appointment with one of our award winning employment and business lawyers.