Marital status discrimination occurs when employees are treated unfairly based on their marital status—whether they are single, married, divorced, or in a domestic partnership. This type of discrimination can manifest in various ways, from being passed over for promotions, receiving unequal pay, to being denied certain workplace benefits. Employers may make assumptions about an employee's commitment, availability, or ability to perform based on their marital status, which is both unfair and illegal in many cases.

Marital status discrimination can significantly affect an employee’s career, limiting their opportunities for growth and advancement. Beyond its professional impact, this type of discrimination can also harm employee morale, create a hostile work environment, and affect mental health, leading to stress and anxiety. When such unfair treatment is left unaddressed, it can damage workplace culture and undermine employee well-being.

What Constitutes Marital Status Discrimination?

Marital status discrimination occurs when an employee or job applicant is treated unfairly due to their marital status—whether they are single, married, divorced, widowed, or in a domestic partnership. This type of discrimination can affect various aspects of employment, including hiring, firing, promotions, and workplace benefits. It often leads to biased decisions that undermine an individual’s professional opportunities and overall treatment in the workplace. Marital status should not play a role in determining someone’s qualifications, work performance, or eligibility for benefits.

Examples of Marital Status Discrimination

Marital status discrimination can manifest in several ways, including:

• Hiring decisions: An employer may choose not to hire someone simply because they are single or divorced, believing they are less stable or more likely to leave for personal reasons.
• Promotions and pay raises: Married employees may be favored for promotions over their single or divorced coworkers, based on unfounded assumptions that they are more responsible or reliable.
• Denying benefits: Employers may deny certain benefits, such as health insurance or family leave, based on an employee’s marital status, when they are entitled to those benefits.
• Assumptions about availability: Employees may be given fewer opportunities or more demanding tasks based on their perceived responsibilities at home, with employers assuming that single employees have fewer commitments outside of work.

Where it Happens

Marital status discrimination can occur in various stages of employment, such as:

• Job interviews: Employers may ask questions about an applicant’s marital status and use that information to influence their hiring decisions.
• Salary negotiations: During salary discussions, employers might offer lower pay to single employees, assuming they don’t have the same financial needs as married employees.
• Performance reviews: Supervisors may unfairly evaluate performance based on marital status, leading to discriminatory decisions about promotions, assignments, or job security.

Legal Protections Against Marital Status Discrimination

Federal Laws

While there is no specific federal law that directly prohibits marital status discrimination, it can sometimes overlap with protections against sex discrimination under Title VII of the Civil Rights Act of 1964. Title VII prohibits discrimination based on sex, which may encompass situations where marital status is used as a proxy for gender-based discrimination. For example, if an employer favors married men over single or divorced women in promotions, it may be classified as gender discrimination. This connection can provide victims of marital status discrimination with an avenue to pursue legal action under federal law.

Michigan State Laws

In Michigan, victims of marital status discrimination are explicitly protected by the Elliott-Larsen Civil Rights Act. This state law prohibits discrimination in employment based on marital status, alongside other categories such as race, gender, and religion. Under the Elliott-Larsen Civil Rights Act, Michigan employees are legally protected from discriminatory hiring practices, unfair treatment at work, and wrongful termination based on whether they are single, married, divorced, or in a domestic partnership. This state law offers clear protections that empower employees to file complaints and seek compensation if they face discrimination related to their marital status.

Other Related Protections

Marital status discrimination can also intersect with other forms of workplace discrimination, such as gender, sexual orientation, or familial status, all of which are protected under various federal and state laws. For example, an employer may target single women or LGBTQ+ individuals for discriminatory treatment due to assumptions about their personal lives or relationships. In such cases, victims may have legal recourse not only under marital status protections but also under gender discrimination or LGBTQ+ protections, such as those provided by the Equal Employment Opportunity Commission (EEOC) or state-specific anti-discrimination laws.

Steps to Take If You Experience Marital Status Discrimination

Document the Incidents

The first step in addressing marital status discrimination is to carefully document each incident of discrimination or unfair treatment. Keeping detailed records is crucial for building a strong case if you decide to take legal action. Be sure to:

• Write down the dates and times of each discriminatory event.
• Note the individuals involved, including witnesses and those making discriminatory comments or decisions.
• Save any emails, text messages, or other written communications that indicate discriminatory behavior or bias related to your marital status.
• Record the specific comments made or actions taken, especially if they clearly demonstrate bias based on your marital status (e.g., comments about being single, divorced, or married).

Report the Discrimination Internally

Once you’ve gathered your documentation, the next step is to report the issue internally. Many companies have policies in place to handle discrimination and harassment complaints, so it’s important to follow the proper procedure:

• Notify HR or your supervisor about the issue, either verbally or in writing, and request that they investigate the matter.
• Follow any company protocols for filing a formal complaint, which may involve filling out specific forms or attending meetings with HR.
• Request that a written incident report be created so that the issue is formally documented by the company.

Seek Support

In addition to reporting the issue, it can be helpful to seek support from trusted colleagues, a mentor, or an employee advocacy group. Talking to others can help you better understand your options and gather additional evidence or testimony. You may also gain emotional support and insight from those who have dealt with similar situations.

If you feel uncertain about how to proceed, consulting with an employment attorney can provide clarity on your rights and the best course of action for addressing the discrimination. Support from colleagues or professionals can help you feel more empowered and confident in standing up against unfair treatment.

Filing a Legal Complaint

When to Consider Filing a Complaint

If you’ve reported marital status discrimination internally and the issue has not been adequately addressed, or if the discrimination persists, it may be time to consider filing a formal legal complaint. Some situations where legal action becomes necessary include:

• No corrective action: After filing a report with HR or your supervisor, if the company fails to investigate or take steps to resolve the issue.
• Retaliation: If your employer retaliates against you for reporting discrimination, such as by demoting, firing, or treating you unfairly.
• Continued discrimination: Even after reporting the issue, if you continue to face unfair treatment, harassment, or bias due to your marital status.

Filing with the EEOC or MDCR

Victims of marital status discrimination can file complaints with either the Equal Employment Opportunity Commission (EEOC) or the Michigan Department of Civil Rights (MDCR). Here’s an overview of the process:

• EEOC: The EEOC is a federal agency that handles complaints related to workplace discrimination. Although there is no specific federal law against marital status discrimination, if it overlaps with sex discrimination, you can file with the EEOC. You generally have 180 days from the date of the discrimination to file a complaint.
• MDCR: In Michigan, you are protected by the Elliott-Larsen Civil Rights Act, which explicitly prohibits discrimination based on marital status. The MDCR is the state agency that handles these claims. You have 180 days from the incident to file with the MDCR, though this can be extended under certain circumstances.

Both agencies will require documentation of the discrimination, including any evidence you have gathered, such as emails, performance reviews, and witness statements. The agency may investigate the claim, attempt to resolve it through mediation, or pursue further legal action.

Working with an Attorney

Navigating the legal process can be complex, which is why it’s beneficial to consult with an employment attorney. A lawyer experienced in discrimination cases can:

• Evaluate your case: An attorney can assess whether you have a strong claim for marital status discrimination and advise on the best legal strategy.
• Guide you through the complaint process: Your attorney can help you file with the EEOC, MDCR, or take direct legal action through a lawsuit.
• Protect your rights: If you face retaliation or your employer attempts to dismiss your claims, an attorney will ensure that your rights are upheld throughout the process.

Legal Remedies and Compensation

Types of Compensation

If you successfully pursue a claim for marital status discrimination, several forms of compensation may be available to you, depending on the circumstances of your case. These remedies aim to address the harm you’ve suffered as a result of unfair treatment and may include:

• Back Pay: Compensation for lost wages if you were denied a promotion, pay raise, or were wrongfully terminated due to your marital status. Back pay covers the amount you would have earned had the discrimination not occurred.
• Front Pay: If returning to the workplace is not possible due to continued discrimination or hostility, front pay may be awarded to cover future lost wages until you can secure similar employment.
• Emotional Distress Damages: Marital status discrimination can cause significant emotional harm, including anxiety, depression, and stress. You may be entitled to compensation for the psychological impact the discrimination has had on your mental and emotional well-being.
• Punitive Damages: In cases of severe or egregious misconduct, the court may award punitive damages to punish the employer for their actions and deter future discrimination. These damages go beyond compensating the victim and are meant to hold the employer accountable for violating anti-discrimination laws.

Policy Changes and Injunctions

Beyond financial compensation, legal action can also lead to changes in workplace policies and practices to prevent future discrimination. As part of a settlement or court ruling, an employer may be required to:

• Implement new anti-discrimination policies: Employers may be required to establish or strengthen their workplace policies to explicitly prohibit marital status discrimination, ensuring all employees are aware of their rights.
• Conduct employee training: Employers may need to provide training for management and staff to prevent discriminatory behavior and promote a more inclusive work environment.
• Monitor and enforce compliance: Employers may be subject to ongoing monitoring to ensure they are adhering to non-discriminatory practices and responding appropriately to future complaints.

In some cases, the court may issue an injunction, which orders the employer to stop engaging in discriminatory practices. This could include directives to reinstate an employee to their former position, provide accommodations, or take corrective action against those responsible for the discrimination.

Contact Marko Law for Help with Marital Status Discrimination Cases

If you believe you’ve been a victim of marital status discrimination and need legal assistance, Marko Law is here to support you. With a strong track record in handling employment discrimination cases, our firm is dedicated to fighting for your rights and securing the justice and compensation you deserve.

If you’ve faced marital status discrimination in the workplace, Marko Law is here to help. Contact us today for a free consultation, and let our dedicated attorneys fight to protect your rights and secure the compensation you deserve.

Contact Information:

Phone: 1-833-MARKO-LAW or 1-313-777-7LAW
Main Office: 220 W. Congress, 4th Floor, Detroit, MI 48226
Website: www.markolaw.com