At present, marital discrimination, or workplace discrimination based upon marital status, is prohibited in 21 states, including California, in the United States. The prohibition of workplace discrimination means that the marital status of any employee can not be grounds for any form of decision-making in the workplace. Therefore, if you have been discriminated against based on your marital status, it is crucial to understand your legal rights and protections.
Marital Discrimination In the Workplace
While there is no federal law prohibiting discrimination based on marital status, California law does provide residents with this protection. This protection is expressed through the California Fair Employment and Housing Act. Under the protection of this act, employers are prohibited from discriminating against any employee, regardless of their status, based on their marital status.
What is Marital Discrimination?
Marital discrimination is an act of treatment or status change based upon one’s marital status. A person’s marital status refers to whether or not they are married, have been married, or are engaged to be married. More specifically, any of the following are examples of one’s marital status:
- Currently Married
- Divorced
- Engaged
- Presently in a same-sex marriage
- Legally married, but presently separated
- Legally married, but presently filing for a divorce
- Widowed
- An annulled marriage
- Plans to get married in the future
- Plans to never get married in the future
The act of marital status discrimination in the workplace occurs when a current or potential employer bases a decision regarding an employee on their marital status. However, it is not unlawful for an employer to ask about your marital status during the interview process. Regardless of questioning, all individuals are protected from marital status discrimination. California extends these protections to individuals in any relationship, including registered domestic partnerships.
Disclosing Marital Status To Employers
Legally, employers in California are generally unable to require that any present and or potential employees disclose their marital status. However, employers may require that employees disclose whether the company presently employs their partner. Employers may also request information to perform a background check, such as your maiden name. Though the California Code of Regulations does allow these types of questions, it remains unlawful for an employer to decline the hiring of the new employee on the basis that their partner is already presently employed at the company. Further, a potential employer may not deny your employment based on any of the following:
- Whether or not your partner is presently employed in the same division you are interviewing for
- Whether or not a competitor’s business employs your partner
- Whether or not you or your partner have engaged in an extramarital affair
- Whether or not your partner identifies as a member of the LGBTQ+ Community
Though it is not unlawful to request information regarding one’s marital status, the stipulations surrounding marital status discrimination in the workplace make it extremely difficult for employers to prove that their request for the information was not used to make an employment decision. Therefore, employers generally avoid requesting this type of information.
Examples of Marital Status Discrimination
Because of the nature of establishing and understanding one’s marital status, proving to the judge that marital status discrimination has occurred in the workplace can be a complicated process. The difficulty stems from proving that marital discrimination has occurred involves proving that the employer used their knowledge of your marital status to make one of the following decisions:
- Deduct Your Pay
- Deny You the Opportunity Of Employment
- Fire You
- Use your marital status to limit your access to employment benefits and your contractual terms and conditions of employment
- Fail to provide you with equal benefits based on your marital status
- Refuse to provide you with proper and sufficient training
Though these are typical examples of marital status discrimination in the workplace, they are not exhaustive. Therefore, if you believe you have been subjected to any form of marital status discrimination, you should seek legal counsel as soon as possible. Due to the difficulty of proving these types of claims, doing so will ensure you have the best possible access to all legal rights when filing your claim.
Lawful Use of Marital Status In the Workplace
Though an employer’s ability to inquire about the marital status of a current or potential employee is an intricate legal issue, there are some instances when one’s marital status may lawfully influence the employer’s actions in the workplace. Legally, an employer may request to use information about your marital status per specific company policies. For instance, if the company has specific policies against placing close relatives or partners in the same work division, they may legally do so, so long as it is based on a company policy that:
- Prohibits close relatives or partners from acting as each other’s supervisor
- Prevents the possibility of workplace conflict of interest
- Threatens existing workplace morale
- The close relationship increases the risk of hazards in the workplace
Filing a Claim For Marital Status Discrimination In the Workplace
When filing a claim regarding discrimination in the workplace based on your marital status, your case must prove that you were denied a job or full access to your contractual benefits based on:
- Presently being married
- Presently being unmarried
- The same employer presently employs your partner
- Your partner is presently employed by a competing or third-party employer.
In addition to proving that the act of discrimination occurred based on your marital status, you may also be required to prove additional factors, such as:
- Your performance as an employee was satisfactory
- Other employees, whose marital status is different from yours, were not subjected to the same kind of discriminatory behavior.
To aid you in proving the act of discrimination that occurred against you based on your marital status, you will also need to provide some form of documentation proving that the act was motivated by your marital status.
How to File
Once you have collected the necessary evidence to prove your claim, you’ll need to file your petition formally. Because there is no federal regulation that explicitly prohibits marital status discrimination, these claims are not handled by the same governing body that handles other discrimination claims, which means that your claim will not be filed with the Equal Employment Opportunity Commission. Instead, your completed petition will be filed directly with the California Department of Fair Employment and Housing (DFEH). Your claim must be filed with the DFEH within three years of the discriminatory act. This initial petition must be filed before you may formally file a lawsuit. Exceptions to this statute of limitations are only given to those who:
- Were unaware of the act’s occurrence until after three years had passed,
- or were under the age of 18 at the time of occurrence.
After filing your petition with the DFEH, an investigator will contact you within 60 days. From there, an investigation into your claim will be launched to determine whether the act indeed occurred. Typically, When a claim is found to be accurate, the petitioner and the accused employer must enter mediation conducted by the DFEH to resolve the issue. However, when mediation fails to provide a solution, the DFEH may file a lawsuit against the employer on behalf of the petitioning individual.
Contact Pride Legal
If you or a loved one has been discriminated against, we invite you to contact us at Pride Legal for legal counseling or any further questions. To protect your rights, hire someone who understands them.