Most employees are familiar with protections against discrimination based on race, gender, or age. Fewer realize that New Jersey law also prohibits discrimination based on marital status. Whether you are single, married, divorced, separated, in a civil union, or widowed, your marital status should not influence employment decisions.
Castronovo & McKinney, LLC represents employees throughout New Jersey in workplace discrimination matters, including claims involving lesser-known protected categories such as marital status. Understanding this protection can help you recognize when employer conduct may violate the law.
What Is Marital Status Discrimination?
Marital status discrimination occurs when an employer treats an employee or applicant differently because of their relationship status. Under the New Jersey Law Against Discrimination (LAD), employers may not base hiring, promotion, discipline, or termination decisions on whether someone is married, single, divorced, or in another legally recognized relationship.
Examples of potentially unlawful conduct include:
- Refusing to promote an employee because they are pregnant and unmarried
- Disciplining employees for workplace relationships inconsistently based on marital status
- Assuming availability or commitment levels based on being single or married
- Terminating an employee due to a spouse’s involvement in a dispute with the employer
While employers may implement neutral workplace policies, those policies must be applied consistently and without discriminatory intent.
Intersection with Other Protected Categories
Marital status discrimination often overlaps with other protected categories such as gender, pregnancy, or sexual orientation. For example, an unmarried pregnant employee treated differently than a married counterpart may have multiple legal claims under the LAD.
Careful legal analysis is necessary to determine how various protections apply to the specific facts of your case.
If you believe your marital status influenced an adverse employment decision, consulting Discrimination counsel can help evaluate your rights under New Jersey law.
Employer Policies and Nepotism Rules
Some employers implement policies addressing relationships between employees, particularly when supervisory authority is involved. While employers may adopt reasonable anti-nepotism policies, those rules must be applied fairly and consistently.
Policies that selectively target certain marital situations or are enforced unevenly may raise concerns under the LAD.
Retaliation for Raising Concerns
Employees who report discriminatory treatment are protected from retaliation. If an employer responds to a complaint with demotion, unfavorable assignments, or termination, that conduct may constitute an additional violation of state law.
Maintaining documentation of communications and employment actions can be critical in building a strong case.
Remedies for Marital Status Discrimination
Employees who prevail in discrimination claims under the LAD may be entitled to back pay, reinstatement, compensatory damages, and attorneys’ fees. Each case depends on its unique facts and available evidence.
Castronovo & McKinney, LLC is based in Morristown and serves employees throughout Bergen County, Essex County, Middlesex County, Morris County, and across New Jersey. The firm’s employment-focused practice provides strategic evaluation, negotiation, and litigation advocacy tailored to each client’s needs.
Contact Castronovo & McKinney, LLC
Address: 71 Maple Ave, Morristown, NJ 07960, United States
Email: [email protected]
Phone: 973-920-7888
Hours: Monday–Friday: 9 AM to 6 PM
If you believe you have experienced marital status discrimination in the workplace, contact Castronovo & McKinney, LLC to schedule a consultation and discuss your rights under New Jersey employment law.