- Protesting Against Actions Resulting in Emotional Distress
- Protesting Wrongful Job Termination
- Requesting Access to Personnel File
- Protesting Derogatory Reference Given to a Prospective Employer
- Requesting Severance Pay
- Demanding Final Pay
- Protesting Wrong Information in the Personnel File
- Protest Against Racial Harassment
- Protesting Retaliation Discrimination
- Filing Appeal Against Wrongful Disciplinary Action
- Appealing Denial of Unemployment Insurance
- Denial of Overtime
- Filing Claim Against Discriminatory Pay
- Protesting Against Unsafe Working Condition
- Filing Complaint Against Age Discrimination
- Protesting Race Discrimination
- Protest Against Blacklisting
- Demanding Accrued Vacation Pay
- Demanding Earned Bonus
Marital Status Discrimination
An employee cannot be treated indifferently because of his/her marital status. If the employer discriminates against an applicant or employee because he/she is married, widowed, divorced, single, or unmarried with a same-sex or opposite-sex partner, it is in violation of state and federal law.
At the time of a job interview, the applicant cannot be asked questions that would point to marital status or family orientation. Questions such as “Are you married?” “Do you have a family?” “What is your maiden name?” “Are you pregnant?” or “Do you plan to have a family?” are in violation of the law and can be used for a lawsuit.
Marital status discrimination can be accompanied by other forms of discrimination, such as parental status, pregnancy, or sex discrimination.
At the workplace, the employee cannot be treated differently because of his/her marital status. There should be no discrimination at the time of assignment of work, promotions, wages, benefits, etc. Here’s an example of discrimination because of marital status:The employer sets different hours of work for single and married employees, or promotes a married employee because he/she may be more responsible. Sometimes the employer may not offer health insurance coverage to single employees with domestic partners, but provides the coverage to spouses and families of married employees.
Marital status discrimination is not covered by Title VII of the Civil Rights Act of 1964. However, many federal government employees are covered by provisions in the Civil Service Reform Act of 1978 that prohibit marital status discrimination. Some states and cities also have statutes prohibiting marital status discrimination.
In the federal government the Civil Service Reform Act of 1978 (CSRA), as amended, prohibits federal employees who have authority to take—or to direct others to take, recommend or approve—any personnel action discriminating against applicants and employees on the basis of race, color, sex, religion, national origin, age, disability, marital status, or political affiliation, and from discriminating against an applicant or employee on the basis of conduct which does not adversely affect the performance of the applicant or employee. The Office of Personnel Management (OPM) has interpreted the prohibition of discrimination based on "conduct" to include discrimination based on sexual orientati.
The Office of Special Council (OSC) and the Merit Systems Protection Board (MSPB) enforce the prohibitions against federal employment discrimination codified in the CSRA. The OSC will defer those bases of discrimination under EEOC's jurisdiction to the respective federal agency and its EEO process. The CSRA also prohibits employment discrimination in the federal government based on marital status, political affiliation, or conduct which does not adversely affect the performance of the employee—none of which are within EEOC's jurisdiction.
Sign-Up Today For Your FREE "Know Your Rights" Mini-Course to Learn:
|What 3 Steps To Take If You Suspect Your Rights Were Violated!|
|How To "Fight Back Legally" When Your Rights Are Violated!|
|Why Trusting Your Employer Could Cost You Big Time!|
|How to Protect Yourself When the "Unthinkable" Happens!|
|And Much, Much More!|
Fill-out the form below for your FREE "Know Your Rights" Mini-Course Today!
- Employee Rights on Personnel Files
- Employee Distress Rights
- Employee Rights on Employer Policies
- Employee Right on Discipline
- Employee Defamation Right
- Employees Right-Whistle Blowing
- Leave of Absence and Vacation
- Employee Rights-Injuries and Illness
- Non-compete Agreement
- Employee Pension Right
- Employee Benefit Right
- Employee Rights on References
- Employee Rights on Criminal Records
- Employee Rights on Fraud
- Employee Right on Assault and Battery
- Employee False Imprisonment Right
- Employee Negligence Right
- Employee Right-Political Activity
- Government Agencies
- Employees Right on Union/Group Activity
- Worker's Compensation Right
- Tables - State Law
- Employee Right Glossary