One of the least-known, but still common type of discrimination is based on “marital status”. That is, discriminating against an employee because they either are or are not married.

A common scenario that constitutes marital status discrimination is not hiring a woman who is married because the employer presumes she will one day have children and need to take time off. Another is not hiring a married man to be a door-to-door salesperson because the employer believes a married man will not be as dedicated to the job because he misses his family.

Sometimes employees misinterpret the prohibition on marital status discrimination and believe that an employer cannot discriminate against an employee because of who the employee is married to. For example, terminating a wife because the husband who also works for the employer is caught embezzling from the company.

While this sometimes can constitute illegal discrimination or retaliation, it is not marital status discrimination. Marital status discrimination is discrimination based on whether or not an employee is married, not based on who the employee is married to.

If you believe you have been discriminated against because of your marital status, we invite you to contact us today for a free consultation to discuss this and any other employment law questions you might have.