Marital Status - A Form of Gender Discrimination
An individual’s marital status has no bearing on that individual’s ability to perform a job. Why is it then that in only 20 states in the U.S., marital status is a protected classification under the various discrimination laws? Marital status is not protected under the Federal Anti-Discrimination laws, namely Title VII of the Civil Rights Act of 1964. If the majority of states and the federal government do not protect individuals on the basis of his/her marital status, it must not be that big of a problem right? WRONG!
Marital status discrimination is very real and, unfortunately becoming more and more prevalent in today’s workplace. In these tough economic times, competition for jobs has never been greater, nevertheless, determining who is hired, promoted or fired on the basis of someone’s marital status is against the law. Even asking, “Are you married?” in an interview has been held to constitute marital status discrimination.
Often times, marital status discrimination can be found where employers set different expectations for single versus married employees, or where companies provide special benefits to married individuals with families which single employees are not able to take advantage of.
The New York City Human Rights Law §8-107 provides the following:
“It shall be an unlawful discriminatory practice for an employer or an employee or agent thereof, because of the actual or perceived ... marital status ... to refuse to hire or to bar or to discharge from employment or to discriminate against such person in compensation or in terms conditions or privileges of employment.”
In this day and age, the Federal government and the remainder of the state governments should follow the example set forth by the New York City Council and adopt laws that protect individuals from discrimination based on marital status.
