What To Do if You’re Facing Marital Status Discrimination at Work

You may be familiar with the concept of discrimination based on age, gender, race, or religion. But as a worker, it helps to be aware of other types of discrimination you may face in the workplace. Marital status discrimination may be a violation of your workplace rights and give rise to legal claims. 

What is marital status discrimination in the workplace, and what should you do if you are facing this type of discrimination? Speaking with California employment attorneys about your rights and options may be a wise first step. 

What Is Marital Status Discrimination in the Workplace? 

Marital status discrimination encompasses any unfair treatment in the workplace based on a person’s marital status, such as whether they are single, married, divorced, in a domestic partnership, or widowed. Discrimination based on these characteristics may not be as easily identifiable or provable as other characteristics, which is why understanding your rights and options is key. 

An employer may discriminate against workers based on marital status because they hold inherent assumptions about a person’s work ethic, goals, needs, and behaviors based on said status. However, as a California employee, you have the right to fair treatment in the workplace. If you are experiencing discrimination because you are single, married, or in another marital status, you may have grounds for legal action. 

Signs and Examples of Marital Status Discrimination

An employer might base any of these actions on their inherent and wrongful assumptions about employees’ marital statuses, showcasing marital status discrimination:

• Promotions and raises: An employer might choose a married employee for a promotion due to an assumption that they are more responsible or need the money more than a single employee. 
• Hiring decisions: An employer might pass over a recently divorced candidate due to an assumption that they are less stable or more likely to leave the job for personal reasons than someone who is married. 
• Benefits decisions: Perhaps an employer chooses not to offer benefits to married workers because they assume those employees can use their spouses’ benefits. 
• Overtime mandates: An employer might require single employees to work more overtime than those who are married based on an assumption that single workers have more free time.

This type of employment discrimination can occur during job interviews, performance reviews, and termination decisions.  

Marital Status Is a Protected Characteristic in California 

While marital status is not considered a protected class at the federal level under the federal laws, it is a protected class under California’s Fair Employment and Housing Act. This means that an employer cannot legally discriminate against you based on your marital status. 

This is an important distinction. California is an at-will state, meaning employers are generally allowed to terminate employees for any reason or for no reason. The main exceptions are reasons that violate employment law, such as discriminatory reasons. 

Because marital status is considered a protected class in California, you have legal protections to take action against discriminatory behavior. 

Exploring Evidence of Marital Status Discrimination 

You may suspect that your employer is discriminating against you based on your being single, divorced, or married, but having specific evidence of their discriminatory motive can be helpful in your case. Any of the following types of evidence could point to marital status discrimination in the workplace. 

• Questions about your marital status during interviews
• Evidence that your employer only offers benefits to married employees
• Record of hostile comments following a change in marital status
• Timelines of events that occurred directly after getting married or divorced
• Comments directly linking certain actions to your marital status, such as, “I would prefer someone who is single in this role so they have more time to dedicate to it.” 

Steps To Take After Experiencing Marital Status Discrimination

Marital status discrimination can be challenging to prove. If you suspect that your employer discriminated against you based on this characteristic, taking a few strategic steps could help you protect your rights. 

1. Document the discrimination. If your employer made discriminatory comments via email or instant chat, take screenshots of the communications and store them on multiple devices outside of your work computer. If they made comments verbally, write down the date, time, and dialogue along with the names of any witnesses. 
2. Report the discrimination to HR. If your company has a human resources department, your next step could involve reporting the discriminatory behavior internally. You may want to request to fill out a written incident report so you have a record of the complaint. However, internal reporting is not required for you to file a legal claim. 
3. Speak with an employment attorney about your options. If HR does not rectify the issue, you may want to consult an attorney about your employment rights and legal options. They can assess your case and help you understand whether your employer may have committed unlawful employment practices under California law. 
4. Explore filing a complaint. You may have the right to file a complaint with the California Civil Rights Department (CRD). If your case includes instances of sex discrimination, which sometimes overlaps with marital status discrimination, you can also consider filing with the EEOC. 

At this point, the EEOC or CRD may investigate the claim and determine whether there is sufficient evidence of marital status discrimination. If so, it might choose to pursue legal action on your behalf, or issue you a “right-to-sue letter,” which would give you the right to take legal action against your employer and seek damages. 

D.Law Represents Clients Through Marital Status Discrimination Cases

Identifying and proving marital status discrimination in the workplace can feel overwhelming, and you may be unsure how to hold your employer accountable for this behavior. D.Law provides legal guidance to workers across California. Whether you are experiencing discrimination based on your marital status or another protected characteristic, workplace harassment, workplace aggression, or unfair pay, our attorneys can help you understand your legal rights and options. 

Contact us today at 818-275-5799 or fill out our online form to request a consultation. We will schedule a time for you to meet with a case manager and discuss your case.