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Marital status discrimination is when an employer makes job-related decisions based on a person's marital status or perceived marital status. Marital status discrimination is against the law in California. Marital status indicates whether a person is:
Marital status also includes information about whether a person's marriage has been dissolved or annulled and any other status related to one's marriage.
Marital status is a protected category under the California Fair Employment and Housing Act (FEHA) and employers are prohibited from making job-related decisions based on an employee or applicant's marital status.
Here's an example of a case of marital status discrimination: An employer has a policy of not hiring married women – the employer assumes that if they were to hire a married woman, she would soon start a family and thus not be committed to her job. As a result, a qualified female applicant is denied a position after the employer learns she is married. This is a cut-and-dry example of marital status discrimination, as the hiring decision is based on the applicant's marital status rather than her qualifications.
If you believe you've been the victim of discrimination in the workplace, it's important to consult with an experienced employment attorney who can help you understand whether you have grounds for a claim and fight for your rights as an employee.
At The Sampath Law Firm in San Francisco, we are committed to representing individuals who have been discriminated against due to their marital status. If you believe you have suffered marital status discrimination, contact our office today for guidance and to see if you have a potential case.