Marital Status Discrimination - California Laws

Does California prohibit marital status discrimination?

Although there is no federal statute prohibiting discrimination based on marital status, California law does provide this protection. The California Fair Employment and Housing Act prohibits employers from discriminating against any employee - or even a potential employee - based on that person's marital status.

Examples of marital status discrimination

How do you prove marital status discrimination?

It is not always easy to prove marital status discrimination. After all, employers are unlikely to admit in court that they were offended by your spouse or did not approve of your status as a divorcee or unmarried bachelor. But it is possible to prove that marital status discrimination occurred. For example: imagine that you are suddenly fired after your employer met your same-sex spouse. If there is no history of the discipline in your employee file, this would support a conclusion that there was no lawful basis for your firing, and it was instead a pretext for the employer's marital discrimination. Evidence of comments, gestures, reactions, and other signs of disapproval can also support a finding of marital status discrimination.

Can an employee be fired because of an extramarital affair?

It might seem like an extramarital affair is unrelated to an employee's marital status. But it can be possible to face employment discrimination for engaging in an extramarital affair. For example: imagine that an employee has separated from his or her spouse before engaging in an affair with a coworker. If the employer tried to fire the separated employee, this could be a form of marital status discrimination. After all, the employee likely would not have been fired had she been legally divorced at the time of the affair. These situations can be complicated. Be sure to consult an employment attorney about your legal rights if you believe you have been discriminated against for having an extramarital affair.

What if an employee's spouse is working for a competitor?

Many California businesses have trade secrets that they want to protect. To this end, an employer might not be happy with the fact that your spouse works for a competitor. This, alone, is not sufficient reason to fire you. It would be illegal to terminate you simply because you were married. On the other hand, if the spouses shared company secrets with one another, this might be a legal reason for firing the employee that is unrelated to the marriage. It is important to determine whether your employer has a separate reason for taking action against you or whether you are being unlawfully discriminated against solely based on your marriage.

What if an employer doesn't like the identity of the spouse?

Unfortunately, there are still some people who are simply biased. They may not like the fact that your spouse is of a particular race, or the same gender as you, or speaks another language. It is illegal for an employer to take any adverse employment action against you because they do not like the identity of your spouse. An employer might find a pretext for firing you instead of admitting that they are biased against your spouse. Carefully note any comments, reactions, or other information that indicates your employer does not approve of your spouse. For more information call us at 888-762-0297.

Marital status discrimination and pre-employment inquiries

Prospective employers are allowed to ask applicants about their marital status. What is not allowed is making an adverse employment decision based on this knowledge. This is why it can be risky for employers to ask applicants about their marital status.

What should I do if I believe I've been the victim of marital status discrimination?

It is always important to seek advice from an experienced Los Angeles employment lawyer any time you suspect you have been the victim of marital status discrimination. The sooner an attorney is involved in your case, the better protected your legal rights will be. An attorney can also take action to preserve critical evidence in your case (such as your employee file).

How long does it take to settle a marital status discrimination lawsuit?

A marital status discrimination claim can, unfortunately, take years to be resolved. Many employers are reluctant to admit that they have done something as offensive as discriminating against an employee because they aren't married or because the employer is simply offended by the employee's spouse. If your case must go to trial before a jury, it could take years to obtain a resolution. Of course, some employers prefer to quietly settle a claim out of court. In this event, your case could be resolved far more quickly.

What is the maximum compensation for marital status discrimination in California?

Victims in California have access to more damages than victims in other states. They can recover actual damages for documented losses like lost wages and job placement assistance. They can also recover damages for pain and suffering. "Pain and suffering" is a general term that encompasses emotional losses you suffer due to discrimination: a lost sense of pride in your work, the loss of security that comes with employment, and the discouraging process of searching for another job. These losses are not insignificant. They can make up a substantial portion of a discrimination settlement.

In addition to actual damages and emotional damages, employees can also recover punitive damages from an employer who has illegally discriminated against them. Punitive damages are intended to punish a defendant for illegal conduct in order to deter such actions in the future. Unlike many other states, California has not set a cap on the amount of punitive damages that can be imposed. The punitive damages must still be reasonable, though. For example: if the employee's actual damages were $5,000, it would be wildly disproportionate to impose a punitive fine of $10 million. But if an employer's actions were especially egregious, and the employee's actual damages were $1 million, then a $10 million fine might be reasonable under the circumstances. The amount of punitive damages will be determined by the facts of each unique case.

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