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Schwartz Perry & Heller LLP Marital Status Discrimination

New York Marital Status Discrimination Attorneys

Protecting Your Rights, No Matter Your Status

Whether you are single, married, unmarried, or divorced should have no impact on your ability to get hired or do your job. Unfortunately, some employers inappropriately make employment decisions based on someone’s familial status. Many younger women still face increased scrutiny if an employer or hiring manager believes that they will be more invested in their family than their job performance.

It is unlawful to discriminate on the basis of marital status in both New York City and New York state. Employers cannot make hiring decisions or treat employees differently as a result of whether someone is married, single, in a relationship, or divorced.

Our New York marital status discrimination lawyers at Schwartz Perry & Heller LLP can help you explore your legal options if believe your employer or a hiring manager has acted inappropriately. We regularly work with both employees who have faced adverse action due to their status and workers who believe they were the victims of system marital status discrimination during the hiring process. Our team can evaluate your case and determine if you may be eligible for compensatory damages.

We can help you understand your options if you have been the victim of marital status discrimination. Call (646) 490-0221 or contact us online to get started.

How Marital Discrimination Can Impact the Hiring Process in New York City

There continues to be a pervasive and unfounded belief among some employers that married women or women who are about to be married will be less reliable than single women or male employees. These retrograde attitudes can also contribute to pregnancy discrimination and caregiver discrimination and can make it challenging for women to get hired.

Depending on the employer’s principles, marital status discrimination can also potentially impede people in all sorts of situations. For example, a hiring manager may not personally agree with divorce and therefore disqualify divorced candidates.

In New York City, a prospective employer is not permitted to ask about your marital status at any point during the interview process. Under no circumstances can they ask if you are married or if you ever intend to get married. It can often be difficult to prove with certainty that an employer refused to hire you because of your marital status, but if they spend a good portion of the interview discussing parenting, potential pregnancies, or marriage, you may have a case.

How Marital Discrimination Can Impact the Workplace in New York City

Even if your employer follows the law and respects your privacy during the hiring process, they may learn of your marital status in the course of your employment. They may notice a new engagement or wedding ring, or you might bring up your spouse in casual conversation.

There may be cause for alarm if your employer abruptly changes how they treat and behave around you upon learning your marital status. Be sure to document any comments about your status, especially if it relates to your work or the assignment of responsibilities. For example, a red flag might consist of a manager declining to assign you to a large project because they “want to make sure you get home to your husband.”

Employers will sometimes inappropriately use marital status as the basis for passing someone over for a promotion or raise. Pay attention in performance reviews for any comments that suggest your marital status is inappropriately being taken into account in making these decisions.

Marital status discrimination can also occur if an employer retaliates against a married employee based on the actions or opinions of their spouse. An employee is not responsible for the behavior of their spouse and cannot be punished for anything their employer happens to find objectionable. This also applies to situations where a married couple both work for the same employer simultaneously. The actions of one employee cannot adversely impact their spouse.

Our New York marital status discrimination attorneys are familiar with all manifestations of inappropriate behavior in the workplace. If you are not sure if your rights have been violated, we can evaluate your situation and establish whether you have a case.

We Can Help Victims of Marriage Status Discrimination Recover Damages in New York City

If you have suffered marital status discrimination as an employee or as part of a hiring process, you may be entitled to compensatory damages. New York City’s Human Rights Law allows employees or job candidates to pursue legal action against discriminatory employers. A successful suit can result in compensation for punitive damages. Employees who lost their job as a result of marital status discrimination can potentially have their position reinstated with back pay.

No matter your status, our New York City marital status discrimination lawyers at Schwartz Perry & Heller LLP have over 100 years of collective legal experience and can help you recover damages through legal action. We are familiar with how these cases are adjudicated in New York and will do everything possible to secure the compensation that you deserve.

Schedule an initial consultation to learn more about how we may be able to help you with your marital status discrimination case. Call (646) 490-0221 or contact us online today!

Schwartz Perry & Heller LLP

Why Choose Schwartz Perry & Heller LLP?

  • 100+ Years of Collective Experience
  • Personalized & Compassionate Service
  • Award-Winning Legal Counsel
  • A Track Record of Success
    "Always available, conscientious and extremely knowledgeable."

    Outstanding lawyer. Always available, conscientious and extremely knowledgeable. Excellent at following-up both with his clients and with opposing counsel. Regardless of the size of the case, Brian will put in the work and always treat his clients with the utmost professionalism and respect.

    - N.W.
    "I trusted them entirely."

    I received the most compassionate and professional assistance from SP&H. I felt that Mr. Heller truly cared about me and the situation I was in. He was able to be my voice during a difficult time. He responded promptly to any correspondence, took the time to explain to me any questions or concerns, and helped ease any kind of stress that I had during a dispute with a previous employer. I highly recommend this firm. You are not just a number, they treat you like family. I trusted them entirely. I thank you from the bottom of my heart for all of your devoted time and effort in my legal matter.

    - A.M.
    "Their integrity, personal attention, and knowledge are superior."
    Schwartz, Perry & Heller, LLP are the most skilled Lawyers for your discrimination case in the Tri-State area. Their integrity, personal attention, and knowledge are superior. They won my case and can win yours. Nothing beats the best.
    - D.K.
    "Caring, smart, highly skilled negotiators"
    Davida Perry and Brian Heller are very caring, attentive and highly skilled negotiators who gave me expert representation to win my negotiation and achieve my goals.
    - D.
    New York, NY
    "From day 1 of the consultation to the very end I felt like the most important client to the firm."
    Amazing team of Attorneys. From day 1 of the consultation to the very end I felt like the most important client to the firm. Brian Heller who I dealt with personally was amazing. Whether it was a call or email responses were very prompt and I was kept informed every step of the way. Even a few calls just to check in and say hello. Truly an incredible experience and I would recommend them to anyone seeking justice. If they take your case they will fight with you to the end. A+
    - D.W.
    "We remain tremendously grateful for his support and look forward to working with him again."
    On short notice, Brian Heller reviewed contracts with complex international dimensions and found important discrepancies that I and other senior-level executives had missed completely. He was fast, thorough, and detail-oriented in providing pragmatic advice that enabled us to be sure that we were getting the fairest and best possible treatment under the law. We remain tremendously grateful for his support and look forward to working with him again.
    - Eric
    "Davida Perry not only did an amazing job calming down my nerves but she fought for me tooth and nail and did a great job securing what my past employer owed me."
    After having a terrible experience at my last job, facing the anxiety again of having to rehash the treatment was daunting. Davida Perry not only did an amazing job calming down my nerves but she fought for me tooth and nail and did a great job securing what my past employer owed me. I won’t lie, there were moments I wanted to give up, but Davida was always there to help me stay focused and realize that I didn’t need to let them win. She was really great at countering all of their arguments, I pity anyone that would try to prove her wrong. She thought of everything we need and kept me constantly updated. Mostly what I appreciated about Davida was her kindness, and her genuine care for my mental health. She wanted to make sure I was taking care of myself during a very trying time. I cannot recommend this firm enough. They all clearly care about their clients and want to do best for you. Don’t be afraid to stand up for yourself, and if you’re worried about the challenges that lie ahead be sure to team with Schwartz Perry & Heller, they will have your back and fight for justice.
    - T.B.
    "He was nothing but professional and incredibly responsive. I can't recommend him enough."
    Brian was extremely helpful and responsive it helping me review my first ever separation agreement. He was able to explain the legalese in a way that allowed me to understand the risks I could be taking on down the road. After speaking to him, I was able to negotiate to include additional language in my agreement that will protect my future career. He was nothing but professional and incredibly responsive. I can't recommend him enough.
    - Former Client