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.
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.
100+ Years of Collective Experience
Personalized & Compassionate Service
Award-Winning Legal Counsel
A Track Record of Success