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What is the Marital Status Discrimination Act?

Marital status discrimination is a violation of both federal and California state law. Under the California Fair Employment and Housing Act (FEHA), it is unlawful for any employer to use marital status to:

Refuse to hire the applicant.
Discharge or terminate the employee.
To refuse to select, to bar, or to discharge the employee from any training program that leads to employment.
Discriminate in ways and amounts of compensation.
Discriminate in conditions, terms, or other privileges of employment.

If the employer uses this status to influence their decision to hire, promote, provide benefits, discipline, or terminate someone, they are committing marital status discrimination.

Win Your Marital Status Discrimination Case With Southern California Employment Law Group PC

When looking for a lawyer for marital discrimination in the workplace, look no further than Southern California Employment Law Group PC. We work closely with our clients on employment matters and develop the necessary litigation strategies to be successful in workplace marital status discrimination cases. Give our experienced law office a call today at (424) 688-1057 to schedule your free consultation.

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What is an Example of Marital Status Discrimination?

While there are many ways an employer can fall foul of this regulation, a typical example of marital status discrimination includes the termination of married co-workers. California anti-discrimination laws state that the marriage of co-workers is not a valid reason to terminate one of them. For instance, a university that fires research professors that happen to be married may be guilty of marital status discrimination. Other examples of discrimination based on marital status include refusing to hire an unwed mother or single person, skipping over an employee for a promotion because they are in a same-sex marriage, or only offering single employees overtime opportunities during the holidays.

Can My Employer Ask My Marital Status?

California law prohibits employers from asking specific personal questions during a job interview, including religion, race, and marital status.

To check an applicant’s former work experience, employers may ask for any other names used. This may reveal marital status, but the employer cannot directly ask for a maiden name.
Per FEHA, employers are granted a specific exception allowing them to ask whether the same employer employs an applicant’s spouse. Limitations apply here in how the employer can use this information. Usually, it involves supervision, a potential conflict of interest, safety, security, or morale issues only.
If marital status information is imperative to the actual occupational qualification. The employer must prove this is vital information in the hiring process for a specific type of position.

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Sexual Harassment

Harassment on the basis of a person's refusal to engage in sexual activity can take many forms, ranging from unwanted sexual advances to the denial of employment opportunities.

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Whistleblowers are employees who report the unlawful actions of their employer to the proper authorities. Whistleblowers are legally protected from employer retaliation..

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Were you illegally discriminated against at work based on your age, race, religion, or gender? Were you denied a promotion or fired based on these factors?

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We assist workers who have been mistreated because of their disabilities or denied leave under the FMLA. Meet with our attorneys today if you need help..

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We hold employers accountable who fire employees for illegitimate and illegal reasons. Contact us whether your employer created a hostile work environment or fired you..

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Lisa B.

2022-01-27

From beginning to end the team at this firm were responsive, professional, and most of allCARING! I WILL RECOMMEND this firm to anyone having issues with an employer. Andrew Doroitt and his team are AWESOME!

Miguel C.

2021-03-05

Atty Zelma is very helpful and very knowledgeable in labor disputes. Very approachable and really keep me updated of what is going on and guided me what to do. The support staff were also very helpful and very fast in answering your questions. I am very happy of my case and I would recommend him to colleagues and friends.

Pamela R.

2019-10-22

I highly recommend southern California labor law group especially attorney Michael Zelman he was fantastic in handling my case of unlawful termination his staff of Paralegal's were very kind courteous and professional and handling all matters of my case I was very satisfied with the results achieved using Michael Zelman of Southern California Employment Law Group

Chris M.

2019-06-22

Michael and Eric represented me in 2017. They quickly assimilated the details of my case. Proposed an action plan and acted quickly to make progress. They were diligent and creative. I was impressed. I recommend them without hesitation.

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Carson Employment Lawyer

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What is the Marital Status Discrimination Act?

Win Your Marital Status Discrimination Case With Southern California Employment Law Group PC

What is an Example of Marital Status Discrimination?

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Sexual Harassment

Whistleblower Retaliation

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1875 Century Park East, Suite 480 Los Angeles, CA 90067

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