Everyone has a marital status, whether married, single, divorced, widowed, or otherwise. Treating one of these groups as less than the others promotes workplace strife. If you believe your employer is targeting and harassing you or depriving you of opportunities or benefits in the workplace because of your status, an experienced workplace discrimination attorney can review your case and help you to seek justice.
While the Title VII Civil Rights Act of 1964 does not expressly list marital status as a protected category against discrimination, employers who ask questions about that status or refuse to hire a prospective employee because of it may be violating federal law for sex discrimination. Additionally, the Fair Employment and Housing Act (FEHA) makes it illegal for an employer to discriminate based on marital status, as such discrimination is an affront to public policy.
Call a Sacramento marital status discrimination lawyer from Erkel Law, P.C. to investigate and guide you through the legal process.
Discrimination laws can seem complicated because they allow employers to ask some questions but prohibit others. Generally, the state considers it illegal to treat someone unfairly because of their marital status, including when applying for a job, getting hired, or keeping a job. The FEHA makes it illegal for an employer to rely on marital status to:
An Erkel Law, P.C. employment lawyer in Sacramento can deal with your case of unfair treatment based on relationship status and seek compensation for your lost wages.
While the law generally forbids a prospective employer from asking a job applicant what their marital status is, the employer can ask the applicant if they have a spouse who works for the same company. The employer can decide, for business reasons, such as morale, supervisory roles, and conflicts of interest, that hiring the second spouse would be detrimental for both spouses and the company. However, the law does not generally permit the employer to discriminate against an applicant because the same company employs their spouse.
If two employees marry, the FEHA expects the employer to make reasonable adjustments to prevent problems with supervision, security, and employee morale.
Employers also cannot discriminate because they believe an employee’s marital status is incompatible with their responsibilities, for example, if they must travel extensively for their job.
However, employers can dismiss employees that they know have had extramarital affairs because the law does not consider that discrimination based on marital status. For an in-depth review of your unequal treatment case linked to your marital situation, contact a Sacramento attorney from Erkel Law, P.C.
To prevail in a lawsuit or complaint under the FEHA, you must prove marital discrimination, whether subtle or overt. This involves investigating the circumstances, including proving that your employer did not terminate your employment and that you did not resign.
An attorney will look for patterns. For instance, if your employer routinely passes you and others with your marital status over for promotions and you have equal or better qualifications than the promoted group whose marital status is different, it is likely discrimination. Comments, emails, and your work culture all could be evidence a Sacramento marital status discrimination lawyer from Erkel Law, P.C. can use to develop your case. Call now to schedule your consultation.
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