A great many of our cases involve discrimination and retaliation. We are heavily involved in cases of discrimination based on race, disability, gender, national origin, and ethnicity.

Marital Status Discrimination in Workplace

Our firm can assist New Jersey employees and prospective employees who have been discriminated against due to their marital status. While federal law does not prohibit marital status discrimination, the New Jersey Law Against Discrimination (“LAD”) bars New Jersey employers from discriminating against employees or potential employees on the basis of marital status.

But what is “marital status?” Does it mean only whether an employee has a legal document showing he or she is married? What about whether an employee is engaged to be married? Planning to get engaged to be married? Dating with the intention of eventually getting married? On the other end, does “marital status” include being separated or going through a divorce? Until recently, the LAD has offered very little definition of “marital status” to help answer these questions. The New Jersey Supreme Court recently held that “marital status should be interpreted to include those who are single or married and those who are in transition from one state to another.” Smith v. Millville Rescue Squad, 2016 N.J. LEXIS 572, *30 (N.J. June 21, 2016) (emphasis in original). The Court clarified the definition of “marital status” based on a concern that employers would stereotype employees based on their marital status, and discriminate based on those stereotypes:

Protecting those employees who are single, married, or transitioning between those marital states prevents an employer from engaging in commonplace stereotypes that a single employee is not committed to his career or that an engaged employee will be distracted by wedding preparations, or that a divorcing employee will be distracted from his job and even disruptive in the workplace, particularly if the estranged spouse or the spouse's friends and family are employed by the same employer.
(Id., at *31-32).

In Smith, the Court also reaffirmed that the LAD does not exclude anti-nepotism policies from its prohibition against marital status-based discrimination. This is so, even though such policies permit employers to terminate or refuse to hire employees based upon their family relationship – including marriage -- to a co-worker.

To establish a claim of marital status discrimination under the LAD, “the Plaintiff must establish that she is a member of a protected class, that she was performing her job at a level that met Defendant's legitimate expectations, that she was discharged and her termination was under circumstances that would rise to an inference of discrimination.” Cluney v. Mon-Oc Fed. Credit Union, 2006 N.J. Super. Unpub. LEXIS 2019, *13-14 (App.Div. Aug. 1, 2006)

In order to be the basis for a lawsuit, marital status discrimination in employment must result in an adverse employment action, such as termination, demotion, suspension, failure to hire, failure to promote, etc. If an employer takes any of these actions due to an employee’s or applicant’s marital status, that is marital status discrimination in employment.

It is important to note that employers can be held liable for discriminatory actions which their employees take, if the employer knew or should have known about the harassment or discrimination, and failed to take prompt and adequate remedial action.

Do you believe you have been discriminated against in employment due to your marital status? It’s important to act quickly to find out if you may have a claim of marital status discrimination in employment. Since every situation is different, an experienced New Jersey employment attorney can help you fully understand your rights in this area.

The attorneys at Hyderally & Associates are ready to help you. They have experience working to fight discrimination in employment, so they can review your situation to provide information that will help you decide if you would like to pursue a claim against an employer under the New Jersey Law Against Discrimination. Call an experienced employment attorney in New Jersey at (973) 509-8500.

This article is for informational purposes only. It does not constitute legal advice, and may not reasonably be relied upon as such. If you face a legal issue, you should consult a qualified attorney for independent legal advice with regard to your particular set of facts. This article may constitute attorney advertising. This article is not intended to communicate with anyone in a state or other jurisdiction where such an article may fail to comply with all laws and ethical rules of that state or jurisdiction.

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