California Marital Status Discrimination Attorney

If your employer has made decisions about your job based on issues such as whether you are divorced or planning to get married, those decisions could be illegal. Employers in California are not allowed to discriminate on the basis of marital status, which covers a range of related issues. If you’ve received less favorable treatment than others in the workplace because of factors connected to your marital status, your employer may have violated the law, and you may be eligible for compensation and other remedies.

To enforce your rights under state and federal law, it is extremely helpful to work with an experienced California marital status discrimination attorney who understands the most effective strategies for demonstrating how your employer has violated the law and the full extent of the harm you have suffered as a result of your employer’s actions.

At Justice Law Corporation, our team is devoted to helping employees receive maximum compensation when their employers violate laws prohibiting discrimination, wage theft, wrongful termination, sexual harassment, and other practices that demean, degrade, and deprive employees of a fair work environment. We invite you to contact us for a free consultation and case evaluation if you believe you have faced unlawful discrimination because of your marital status.

What Does Marital Status Include?

While many workers in California are familiar with laws that prohibit discrimination triggered by factors such as race or religion, they often do not realize that state law provides specific protections for employees based on their marital status. In addition, some federal and local laws may offer additional protections in certain circumstances.

Protection for “marital status” includes coverage not only for people who are married. The law prohibits employers from discriminating against an employee for reasons such as:

Getting a divorce
Plans to marry in the future
Plans to divorce in the future
Loss of a spouse
Marriage to a partner of a particular race, ethnicity, or gender
Living separately from a spouse
Stating an intention to stay unmarried

Some employers believe that employees will contribute more productively if they are not in a marital relationship. Other employers want employees to be in a certain type of relationship (or to avoid certain relationships) to promote a corporate image. But employers cannot take adverse employment actions against you because of any of these factors unless they can point to a “bona fide occupational qualification” that justifies their action. If your employer discriminates without adequate justification, they are violating the law, so it is a good idea to talk to a California marital status discrimination attorney to assess your options for obtaining justice and compensation for your losses.

How Employers Often Discriminate on the Basis of Marital Status

Discrimination can be obvious, but most of the time it is not. An employer might openly post a policy statement that says that unmarried employees will be paid more because we think they’re more likely to work long hours. They might specify in a policy manual that paid maternity leave will only be provided to married parents. Or they might openly admit that they are denying a promotion to an employee because they are worried that the employee might get distracted by upcoming wedding plans. Those would be clear instances of discrimination on the basis of marital status. Usually, however, employers do not readily reveal their motivations, and an employment law attorney must investigate thoroughly to obtain evidence of the motivation behind the discriminatory action.

Some of the ways an employer might discriminate against an employee include:

Wrongful termination
Failure to promote
Refusing to provide training offered to others
Giving an unjustified poor performance review
Refusing to hire
Not providing the same level of insurance or other benefits
Paying at a lower rate or denying comparable bonuses or other compensation
Giving less-favorable job assignments or shifts
Denying opportunities for overtime work

When an employer treats an employee less favorably, and that negative treatment is due to a protected factor, it can be considered unlawful discrimination. Once you bring that discrimination to light, the employer has the burden of proving why they are justified in treating you differently. California law can make it difficult for employers to meet this burden of proof, so if you work with a California marital status discrimination attorney who understands how to challenge the assertions of employers effectively, then you may be able to recover compensation for the harm caused by this discrimination. For instance, an employer might assert that they cannot hire or promote a married person into a role that requires travel or taking clients out in the evenings, but these types of non-office-hour duties do not provide a bona fide reason for discriminating on the basis of marital status.

Schedule a Free Consultation with a California Marital Status Discrimination Lawyer at Justice Law Corporation

It can be challenging to understand your rights as an employee in California, and even more challenging to enforce those rights. Allow our team to assist. At Justice Law Corporation, we help employees gain compensation for the harm they’ve suffered in a wide variety of situations, so we know how to demonstrate how an employer’s actions violated the law and the losses that occurred as a result.

If you believe that your employer has discriminated against you, talk to a California marital status discrimination attorney about the ways we may be able to assist. To schedule your free consultation and case evaluation, call us at 818-230-7502 or contact us online now.

FAQs About Marital Status Discrimination in California

Marital status discrimination often raises many questions for employees, so we get asked about a wide variety of issues. If you have a question about how the anti-discrimination laws apply to your situation, we invite you to contact us so we can review the facts and provide answers that apply to your specific circumstances. Here are some broad answers to a few of the questions we get asked most often.

What Laws Protect Against Discrimination on the Basis of Marital Status?

The primary law that protects employees in California from discrimination based on their marital status is the state’s Fair Employment and Housing Act, often referred to as the FEHA. In addition, the law is supplemented with regulations that define how the prohibitions should be interpreted and applied. For instance, Section 11058 of Title 2 specifies that an employer cannot require a married female employee to use her husband’s name. It may also be possible to base a discrimination claim on the federal Title VII prohibitions against discrimination on the basis of sex.

Is an Employer Allowed to Ask About My Marital Status During a Job Interview?

Since marital status is not supposed to be a factor in the hiring process, employers should not ask prospective employees if they are married or inquire about their family relationships. Once an employee is hired, an employer may ask questions for a legitimate purpose. For instance, the employer may ask for the purpose of enrollment in an insurance plan.

Can an Employer Fire Me or Refuse to Hire Me if My Spouse Works for the Same Organization?

Generally, the regulations prohibit employers from making employment decisions, such as hiring and promotion, based on whether an applicant or employee has a spouse currently employed by that same employer. However, there are some exceptions. An employer can refuse to put one spouse under the direct supervision of the other if necessary for business reasons connected to safety, security, supervision, or morale. Similarly, an employer can refuse to place two spouses in the same department or facility if there is a potential conflict of interest or other issue that married couples might find harder to avoid.

Can My Employer Refuse to Provide a Family Health Insurance Plan if I’m Not the Head of the Household?

Employers are not allowed to consider whether an employee is the primary wage earner or head of the household when providing benefits such as insurance. However, employers are allowed to provide benefits to the spouse or dependents of an employee and decline to provide benefits for unmarried partners, even though this might have the practical effect of providing more benefits to a married employee.

How Do I Prove That I’ve Been Discriminated Against Because of My Marital Status?

You will need fact-specific evidence related to the discriminatory action that you encountered. Additionally, it will be helpful to have evidence showing how you were harmed because of the discrimination. For instance, if you were terminated because of your marital status, it is helpful to have performance reviews showing that your employer had approved of your work previously and that other employees with a different marital status weren’t terminated.

If you have a witness who can testify that a supervisor made a derogatory remark about your marital status, that would provide evidence that marital status was a motivating factor in the employment action. It is not always possible to find evidence of intent, but sometimes showing that the pattern of conduct has been repeated can demonstrate the employer’s motivation. If 50 married employees were terminated and 50 single employees kept in their roles, for example, that could indicate illegal discrimination on the basis of marital status. An experienced California marital status discrimination attorney can help you investigate to find the most helpful evidence available in the circumstances.